Legal Opinion

Vance Metal Fabricators, Inc. v. Widell & Son

Appellate Division of the Supreme Court of the State of New York

Decided December 5, 1975No. Appeal No. 1PublishedCited by 9 opinions

1Opinion of the Court

— Order unanimously affirmed, with costs. Memorandum: In this action for reformation of a contract and award of money damages, tried without a jury, defendant appeals from an order and judgment granting reformation. Defendant, in urging reversal, contends that the trial court, by reason of verbiage contained in its memorandum decision, failed to apply the requisite standard of proof to warrant reformation relief, and that the evidence adduced failed to meet such applicable standard. Before a party "can be granted reformation, he must establish his right to such relief by clear, positive and…

2Cases cited11 opinions

  1. Amend v. HurleyNew York Court of Appeals · 1944
  2. Southard v. . CurleyNew York Court of Appeals · 1892
  3. Nash v. KornblumNew York Court of Appeals · 1962
  4. Brandwein v. Provident Mutual Life InsuranceNew York Court of Appeals · 1957
  5. Metropolitan Life Insurance v. Union Trust Co.New York Court of Appeals · 1945

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3Cited by9 opinions

  1. Benderson Development Co. v. Schwab Bros. Trucking, Inc.Appellate Division of the Supreme Court of the State of New York · 1978
  2. Skinner v. StateAppellate Division of the Supreme Court of the State of New York · 2013
  3. State v. SmithAppellate Division of the Supreme Court of the State of New York · 2016
  4. In re the Estate of CampbellNew York Surrogate's Court · 1997
  5. SKINNER, TIMOTHY v. STATE OF NEW YORKAppellate Division of the Supreme Court of the State of New York · 2013

4 more not listed; retrieve them via the Exa API.

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