Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: James F. Volpe and James J. Volpe (defendants) appeal from an order that granted plaintiff's motion to amend the complaint to state a cause of action for reformation of the parties' "Modification and Extension Agreement" based on a theory of mutual mistake, and denied defendants' cross motion for summary judgment dismissing the complaint in this action...
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