Zavaglia v. Gardner

—In an action, inter alia, for rescission of a contract for the sale of real property based upon mutual mistake, the defendants appeal, as limited by their brief, from so much of (1) a decision of the Supreme Court, Kings County (Feldman, J.), dated January 24, 1997, as determined that there was a mutual mistake with regard to a material fact and that the contract should be rescinded, and (2) a judgment of the same court, dated April 16, 1997, as, upon rescinding the contract, is in favor of the plaintiffs and against them in the principal sum of $193,000.

Ordered that the appeal from the…