Carpenter v. Morrette
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtMugglin, J.
Appeal from an order of the Supreme Court (Dawson, J.), entered September 12, 2005 in Essex County, which granted plaintiffs’ motion for summary judgment.
In this action to reform a deed, defendants dispute neither the applicable law nor the facts, but argue that the presence of credibility issues and conflicting inferences not only demonstrates that Supreme Court erroneously granted summary judgment to plaintiffs but that this Court should grant them summary judgment and dismiss the complaint. We disagree and affirm.
“Equity will reform an instrument which, by mistake, does not reflect the…
2Cases cited9 opinions
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- Leavitt-Berner Tanning Corp. v. American Home Assurance Co.Appellate Division of the Supreme Court of the State of New York · 1987
- Ross v. Food Specialties, Inc.New York Court of Appeals · 1959
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