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RESORT SPORTS v. PH VENTURES

105904/07, 810

67 A.D.3d 132 (2009)

886 N.Y.S.2d 5

RESORT SPORTS NETWORK INC. et al., Respondents, v. PH VENTURES III, LLC, et al., Appellants.

Appellate Division of the Supreme Court of New York, First Department.

Decided September 24, 2009.

Attorney(s) appearing for the Case

Pepper Hamilton LLP, Philadelphia, Pennsylvania (Thomas E. Zemaitis and Matthew R. Williams of counsel), and Pepper Hamilton LLP, New York City, for appellants.

McCormick & O'Brien, LLP, New York City (Liam O'Brien of counsel), for respondents.

SWEENY and RICHTER, JJ., concur with MOSKOWITZ, J.; SAXE, J.P., and ACOSTA, J., dissent in a separate opinion by SAXE, J.P.

OPINION OF THE COURT

MOSKOWITZ, J.

This case involves what defendants euphemistically describe as a "mutual mistake," but was instead defendants' unilateral error. On October 27, 2006, plaintiff RSN Acquisition Inc. (RSN Acquisition), plaintiff Resort Sports Network Inc. (RSN) and RSN Merger Sub, Inc. (Merger Sub) entered into a merger agreement to purchase all of RSN's stock. Advent International Corporation (Advent), defendants' general partner, signed...

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