Barclay Arms, Inc. v. Barclay Arms Associates

Order and judgment (one paper) of Supreme Court, New York County (Karla Moskowitz, J.), entered July 1, 1991, which granted defendants’ motion for summary judgment dismissing the remaining cause of action in plaintiff’s amended complaint while severing defendants’ counterclaim for trial, unanimously reversed, on the law, the facts and in the exercise of discretion, the motion is denied, the complaint is reinstated, and leave is granted to serve a second amended complaint limited to expanding upon the existing cause of action for mutual mistake, without costs.

In 1980 plaintiff entered into a…