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SIMKIN v. BLANK

No. 48.

19 N.Y.3d 46 (2012)

2012 NY Slip Op 2413

STEVEN SIMKIN, Respondent, v. LAURA BLANK, Appellant.

Court of Appeals of New York.

Decided April 3, 2012.

Attorney(s) appearing for the Case

Emery Celli Brinckerhoff & Abady LLP, New York City ( Richard D. Emery and Adam R. Pulver of counsel), for appellant.

Paul, Weiss, Rifkind, Wharton & Garrison LLP, New York City ( Allan J. Arffa , Mark H. Alcott , William J. Taylor, Jr. , and Susannah K. Howard of counsel), for respondent.

Chief Judge LIPPMAN and Judges CIPARICK, READ, PIGOTT and JONES concur; Judge SMITH taking no part.

OPINION OF THE COURT

GRAFFEO, J.

The primary issue before us is whether plaintiff has presented facts sufficient to support the reformation or setting aside of the parties' marital settlement agreement based on a claim of mutual mistake pertaining to an investment account. We conclude that plaintiff has failed to state a cause of action under CPLR 3211 and therefore dismiss the amended complaint.

Plaintiff...

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