First National Bank v. Volpe
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: James F. Volpe and James J. Volpe (defendants) appeal from an order that granted plaintiffs motion to amend the complaint to state a cause of action for reformation of the parties’ "Modification and Extension Agreement” based on a theory of mutual mistake, and denied defendants’ cross motion for summary judgment dismissing the complaint in this action to foreclose a mortgage on defendants’ real property and to enforce promissory notes and guarantees executed by defendants.…
2Cases cited6 opinions
- In re the Arbitration between SCM Corp. & Fisher Park Lane Co.New York Court of Appeals · 1976
- Davis v. DavisAppellate Division of the Supreme Court of the State of New York · 1983
- Genrich v. Holiday Lady Fitness Center, Inc.Appellate Division of the Supreme Court of the State of New York · 1995
- Levy v. KendricksAppellate Division of the Supreme Court of the State of New York · 1991
- Black v. Mill Road AssociatesAppellate Division of the Supreme Court of the State of New York · 1982
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3Cited by5 opinions
- Prand Corp. v. County of SuffolkAppellate Division of the Supreme Court of the State of New York · 2009
- Zavaglia v. GardnerAppellate Division of the Supreme Court of the State of New York · 1997
- National Amusements, Inc. v. South Bronx Development Corp.Appellate Division of the Supreme Court of the State of New York · 1998
- Kolvek v. FerrucciAppellate Division of the Supreme Court of the State of New York · 1997
- Miter Realty Corp. v. AT&T Communications, Inc.Appellate Division of the Supreme Court of the State of New York · 1996