New York Laws
Article 30 - Remedies and Pleading
3002 - Actions and Relief Not Barred for Inconsistency.

(b) Action against agent and undisclosed principal. Where causes of
action exist against an agent and his undisclosed principal, the
commencement or maintenance, after disclosure of the principal, of an
action against either, or the recovery of a judgment against either
which is unsatisfied, shall not be deemed an election of remedies which
bars an action against the other.
(c) Action for conversion and on contract. Where causes of action
exist against several persons for the conversion of property and upon
express or implied contract, the commencement or maintenance of an
action against one, or the recovery against one of a judgment which is
unsatisfied, either for the conversion or upon the contract, shall not
be deemed an election of remedies which bars an action against the
others either for the conversion or upon the contract.
(d) Action on contract and to reform. A judgment denying recovery in
an action upon an agreement in writing shall not be deemed to bar an
action to reform such agreement and to enforce it as reformed.
(e) Claim for damages and rescission. A claim for damages sustained as
a result of fraud or misrepresentation in the inducement of a contract
or other transaction, shall not be deemed inconsistent with a claim for
rescission or based upon rescission. In an action for rescission or
based upon rescission the aggrieved party shall be allowed to obtain
complete relief in one action, including rescission, restitution of the
benefits, if any, conferred by him as a result of the transaction, and
damages to which he is entitled because of such fraud or
misrepresentation; but such complete relief shall not include
duplication of items of recovery.
(f) Vendee's lien not to depend upon form of action. When relief is
sought, in an action or by way of defense or counterclaim, by a vendee
under an agreement for the sale or exchange of real property, because of
the rescission, failure, invalidity or disaffirmance of such agreement,
a vendee's lien upon the property shall not be denied merely because the
claim is for rescission, or is based upon the rescission, failure,
invalidity or disaffirmance of such agreement.