Legal Opinion
Donnelly v. O'Rourke
New York Supreme Court
Decided May 18, 1959PublishedCited by 1 opinion
1Opinion of the CourtFrank A. Gulotta, J.
This action for reformation is based upon a mutual mistake of fact. The Equitable Savings & Loan Association, a party defendant, likewise seeks to have its mortgage reformed in accordance with any decision or reformation made herein.
On December 3, 1938, the defendants O’Rourke became the owners of lots 5 and 6 on a certain map entitled 1 ‘ Land of John H. Brush, etc. ’ ’ located on Lawrence Street in Farmingdale, Nassau County, New York. Subsequent to the purchase, the testimony is that the O ’Rourkes had a survey made which indicated that the northerly boundary of lot 5 was located 100 feet…
2Cases cited11 opinions
- Amend v. HurleyNew York Court of Appeals · 1944
- Foreman v. ForemanNew York Court of Appeals · 1929
- Lightfoot v. . DavisNew York Court of Appeals · 1910
- Bloomquist v. . FarsonNew York Court of Appeals · 1918
- Hart v. BlabeyNew York Court of Appeals · 1942
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3Cited by1 opinion
- Iervolino v. Best Built Homes Holding Corp.New York Supreme Court · 1968