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JOHN, LLC v. EXIT 63 DEVELOPMENT, LLC

35 A.D.3d 538 (2006)

826 N.Y.S.2d 656

JOHN JOHN, LLC, Appellant, v. EXIT 63 DEVELOPMENT, LLC, et al., Respondent, et al., Defendants.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided December 12, 2006.

Ordered that the order is affirmed, with costs.

The purpose of reformation is to "restate the intended terms of an agreement when the writing that memorializes that agreement is at variance with the intent of both parties" (George Backer Mgt. Corp. v Acme Quilting Co., 46 N.Y.2d 211, 219 [1978]). "To reform a contract based on mistake, a plaintiff must establish that the contract was executed under mutual mistake or a unilateral...

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