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HELLER v. STAGE II APPAREL CORP.

270 A.D.2d 58 (2000)

704 N.Y.S.2d 240

HELLER, HOROWITZ & FEIT, P. C., Appellant, v. STAGE II APPAREL CORP., Respondent.

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

Decided March 9, 2000.

Contrary to plaintiff's argument, the parties' March 5, 1997 agreement is not subject to rescission upon the ground of mutual mistake. The circumstance that the litigation involving the Goldman matter entailed more legal work than had been expected when the parties entered into the fixed-fee agreement does not amount to mutual mistake (see, Hartford Fire Ins. Co. v Federated Dept. Stores, 723 F.Supp. 976, 994; Weissman v Bondy...

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