VNB New York Corp. v. Chatham Partners, LLC
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order, Supreme Court, New York County (Eileen A. Rakower, J.), entered November 25, 2013, which, to the extent appealed from, denied plaintiffs motion for summary judgment, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment in plaintiffs favor in the amount sought in the complaint.
Plaintiff demonstrated, by the requisite clear and convincing evidence, that it was entitled to reformation of the subject guaranty to correct the name of the borrower of the underlying loan (see Nash v Kornblum, 12 NY2d 42, 46 [1962]).
The testimony of…
2Cases cited4 opinions
- Chimart Associates v. PaulNew York Court of Appeals · 1986
- Citibank, N. A. v. PlapingerNew York Court of Appeals · 1985
- Red Tulip, LLC v. NeivaAppellate Division of the Supreme Court of the State of New York · 2007
- Nash v. KornblumNew York Court of Appeals · 1962
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