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MARREN v. NATHAN

2 A.D.3d 230 (2003)

770 N.Y.S.2d 293

BRIAN MARREN, Appellant, v. BETSEY NATHAN et al., Respondents.

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

December 11, 2003.

Plaintiff's claim for reformation of the stipulation was properly dismissed as based on allegations of fraud that are utterly devoid of evidentiary content (CPLR 3016 [b]; see Chimart Assoc. v Paul, 66 N.Y.2d 570, 574 [1986]). At most, plaintiff shows only that he misunderstood the terms of the stipulation, i.e., a unilateral mistake insufficient to support a claim for reformation (see id. at 573). Since the complaint fails...

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