Legal Opinion
Little Stillwater Holding Corp. v. Cold Brook Sand & Gravel Corp.
New York County Courts
Decided June 25, 1991PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
Eugene L. Nicandri, J.
RELIEF SOUGHT
Plaintiff moves for summary judgment (CPLR 3212) or alternatively for a trial as to damages.
*458Defendant cross-moves for an order dismissing the complaint for failure to state a cause of action.
The complaint alleges a mutual mistake involving the transfer of certain real property for the price of $200,000 and seeks to reform the purchase price and purchase-money mortgage given to the seller to secure the balance of the purchase price.
The answer denies certain allegations in the complaint, and sets forth three alternative defenses — (1) no…
2Cases cited9 opinions
- Danann Realty Corp. v. HarrisNew York Court of Appeals · 1959
- George Backer Management Corp. v. Acme Quilting Co.New York Court of Appeals · 1978
- Baldwin v. . BrownNew York Court of Appeals · 1857
- Paine v. . UptonNew York Court of Appeals · 1882
- Sylvester v. BernsteinAppellate Division of the Supreme Court of the State of New York · 1954
4 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Fiorilla v. County of PutnamAppellate Division of the Supreme Court of the State of New York · 2003