DILL ENTERS. v. DE LEO


113 Misc.2d 544 (1982)

Dill Enterprises, Inc., Doing Business as Lloyds of Rosendale, Plaintiff, v. John L. De Leo, Defendant.

County Court, Ulster County.

April 2, 1982


Attorney(s) appearing for the Case

Gerald Hecht for plaintiff. John L. De Leo, defendant pro se.


JOSEPH J. TRAFICANTI, J.

In this case there was a mistake of fact made by the seller, the plaintiff herein, in misquoting a price for goods. In relying on the misquoted price, which was less than it should have been, the buyer, defendant herein, materially changed his position by constructing a deck before the mistake was noticed by either party.

Defendant relies on the case of Abner M. Harper, Inc. v City of Newburgh (159 App Div 695,...

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