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RASABI v. RASABI

7 A.D.3d 451 (2004)

776 N.Y.S.2d 803

ELIAS RASABI, Appellant, v. SHLOMO RASABI, Also Known as STEVE RASABI, ET AL., Respondents, ET AL., Defendant. STEVE RASABI ET AL., Respondents, v. ELIAS RASABI, Also Known as ELIAS RASABY, ET AL., Appellants, ET AL., Defendant.

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

May 25, 2004.

The trial court's findings, resting largely on credibility determinations, are supported by a fair interpretation of the evidence (see Thoreson v Penthouse Intl., 80 N.Y.2d 490, 495 [1992]). Reformation of the deed was unwarranted since the evidence showed that Elias Rasabi was aware of the correct title and there was thus neither mutual mistake nor scrivener's error (cf. Ebasco Constructors v Aetna Ins. Co.,

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