Ordered that the judgment is reversed, on the law and as a matter of discretion, and the matter remitted to Supreme Court, Nassau County, for a new trial, with costs to abide the event.
Contrary to the Supreme Court's determination, the 1972 deed transferring the subject premises from the plaintiff and his now-deceased wife to the defendant, their daughter, should not have been rescinded on the basis that there was a failure of consideration (see, Moczan v Moczan...
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