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CENT. STATE BANK v. BOTWIN

71 Misc.2d 1012 (1972)

Central State Bank, Appellant, v. Alfred Botwin, Defendant, and Dale H. Botwin, Respondent.

Supreme Court, Appellate Term, First Department.

October 13, 1972

Attorney(s) appearing for the Case

Cole & Deitz (Edward N. Meyer and Anthony J. D'Auria of counsel), for appellant. Leinwand, Maron, Hendler & Krause (Milford D. Gerton of counsel), for respondent.

QUINN, J. P., and STREIT, J., concur in Per Curiam opinion; MARKOWITZ, J., dissents in memorandum.

Per Curiam.

The trial court under guise of imposing an estoppel impermissibly undertook to exercise equitable powers beyond its jurisdiction necessary to a judgment for reformation of a written instrument. The record, however, seems to establish unilateral mistake on the part of Mrs. Botwin and inequitable conduct on the part of the bank's representative, Mr. Rogers, in connection with the signing of the instrument...

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