Hyman v. Hillelson

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

The factual context in which this case arises is set forth in the memorandum at the Appellate Division (79 AD2d 725). When in 1974 plaintiffs unsuccessfully brought an action against the present defendants (and others) asserting claims to ownership of the property in Fulton County, they then predicated their right to recovery on the equitable remedy of contract reformation. When they thereafter instituted the present action in 1979 asserting a right to a substantial portion of the same property…