NEW YORK FIRST AVENUE CVS, INC. v. WELLINGTON TOWER ASSOCIATES, L.P.


299 A.D.2d 205 (2002)

750 N.Y.S.2d 586

NEW YORK FIRST AVENUE CVS, INC., Appellant, v. WELLINGTON TOWER ASSOCIATES, L.P., et al., Respondents.

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

Decided November 14, 2002.


Although mutual mistake may furnish grounds for reforming a written agreement, there is a "`heavy presumption that a deliberately prepared and executed written instrument manifest[s] the true intention of the parties'" and the "proponent of reformation must `show in no uncertain terms, not only that mistake or fraud exists, but exactly what was really agreed upon between the parties'" (Chimart Assoc. v Paul, 66 N.Y.2d 570, 574, quoting...

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