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LACOPARRA v. BELLINO

289 A.D.2d 300 (2001)

734 N.Y.S.2d 584

FRANK LACOPARRA et al., Appellants, v. CONCETTA BELLINO et al., Respondents.

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

Decided December 10, 2001.

Ordered that the order is affirmed insofar as appealed from, with costs.

To reform a written instrument based upon mutual mistake or fraud, the proponent of reformation must show, by clear and convincing evidence, "not only that mistake or fraud exists, but exactly what was really agreed upon between the parties" (Backer Mgt. Corp. v Acme Quilting Co., 46 N.Y.2d 211, 219; see, Chimart Assocs. v Paul,

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