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MATTER OF UNION INDEM. INS. CO. OF NEW YORK

162 A.D.2d 398 (1990)

In the Matter of The Liquidation of Union Indemnity Insurance Company of New York. Royal Farms, Inc., Appellant, v. Superintendent of Insurance, as Liquidator of Union Indemnity Insurance Company of New York, Respondent

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

June 28, 1990

In order "to overcome the heavy presumption that a deliberately prepared and executed written instrument manifested the true intention of the parties" (Backer Mgt. Corp. v Acme Quilting Co., 46 N.Y.2d 211, 219), a party seeking reformation must, by clear and convincing evidence, establish that the writings in question were executed under mutual mistake or unilateral mistake coupled with fraud. (Chimart Assocs. v Paul,

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