KOPPSTEIN v. CAPITMAN


35 N.Y.2d 897 (1974)

Dita Koppstein, Appellant, v. William Capitman et al., Respondents.

Court of Appeals of the State of New York.

Decided December 18, 1974.


Attorney(s) appearing for the Case

Jerome F. Katz for appellant.

Bennett Frankel for respondents.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and STEVENS concur; Judge RABIN taking no part.


MEMORANDUM.

From the agreed statement of facts it appears that both buyer and seller of this one-family residence mistakenly but innocently believed that the interest rate on the mortgage to be assumed by the buyer was 5¼% rather than 6%. While such mutual mistake of fact might have supported recission, it does not support the buyer's claim for damages in the amount of the interest rate differential.

The order...

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