WEISSMAN v. FRIEND


29 A.D.2d 599 (1967)

William Weissman, Respondent, v. Arthur Friend et al., Appellants

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

December 18, 1967


REYNOLDS, J.

Appellants assert that the present action is barred by res judicata (CPLR 3211, subd. [a], par. 5). It is clear, however, as Special Term properly noted that the present action for reformation of certain shareholders' agreements, certificates of incorporations and by-laws on the grounds of mutual mistake, mistake of the scrivener or mistake of the respondent and fraud of the appellants is a different cause of action from that previously...

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