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VNB N.Y. CORP. v. CHATHAM PARTNERS, LLC

14277, 114222/10.

125 A.D.3d 517 (2015)

VNB NEW YORK CORP., Appellant, v. CHATHAM PARTNERS, LLC, Defendant, and BARRY AKRONGOLD et al., Respondents.

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

Decided February 19, 2015.

Plaintiff demonstrated, by the requisite clear and convincing evidence, that it was entitled to reformation of the subject guaranty to correct the name of the borrower of the underlying loan (see Nash v Kornblum, 12 N.Y.2d 42, 46 [1962]).

The testimony of the draftsperson and the loan documents, including the guaranty, which were executed on the same day, named a loan in the same amount, and applied to the same property,...

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