Legal Opinion

Levy v. Mindlin

New York Supreme Court

Decided December 22, 1959Published

1Opinion of the CourtHarold Baer, J.

The plaintiff seeks reformation of a note, which she contends was mistakenly dated February 1, 1957 instead of February 1, 1958. On January 17, 1958, plaintiff executed and delivered a general release to the defendant as part of the settlement of the estate of their mother. She claims that on this same day she received the postdated note, and that the year was a mutual mistake of fact or a mistake by her and fraud by the defendant.

The mother died on May 9, 1957. Her estate approximated $100,000, consisting of money loaned on a note under the direction and guidance of the defendant in the sum…

2Cases cited9 opinions

  1. Metzger v. . &198tna Ins. Co.New York Court of Appeals · 1920
  2. Albany City Savings Institution v. . BurdickNew York Court of Appeals · 1881
  3. Lent v. New York & Massachusetts Railway Co.New York Court of Appeals · 1892
  4. Welles v. . YatesNew York Court of Appeals · 1871
  5. Conkling v. . WeatherwaxNew York Court of Appeals · 1905

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