Although the assignment at issue was in writing and duly signed by the assignor (General Obligations Law § 5-1107), where "owing to lack of knowledge of a material fact by the party seeking the relief, without negligence on his part, the minds of the parties never met with respect to the property or property interests transferred, or even the consideration therefor," rescission of an assignment may be granted (Flynn v Smith, 111 App Div 870, 874 [1906]; see...
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