DONNELLY v. O'ROURKE


20 Misc.2d 159 (1959)

Anthony J. Donnelly et al., Plaintiffs, v. John O'Rourke et al., Defendants.

Supreme Court, Special Term, Nassau County.

May 18, 1959.


Attorney(s) appearing for the Case

Edward A. Donnelly for plaintiffs.

Joseph Stern for John O'Rourke and another, defendants.

Dreyer & Traub (Seymour Simon of counsel), for Equitable Savings & Loan Association, defendant.


FRANK A. GULOTTA, J.

This action for reformation is based upon a mutual mistake of fact. The Equitable Savings & Loan Association, a party defendant, likewise seeks to have its mortgage reformed in accordance with any decision or reformation made herein.

On December 3, 1938, the defendants O'Rourke became the owners of lots 5 and 6 on a certain map entitled "Land of John H. Brush, etc." located on...

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