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115-117 NASSAU ST., LLC v. NASSAU BEEKMAN, LLC

8103. 600991/08-117.

168 A.D.3d 493 (2019)

90 N.Y.S.3d 513

2019 NY Slip Op 00230

115-117 Nassau St., LLC, Also Known as Nassau Street, LLC, et al., Respondents, v. Nassau Beekman, LLC, et al., Appellants.

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

Decided January 15, 2019.

This Court previously found that a triable issue of fact existed, precluding summary judgment for plaintiffs, as to whether the parties had entered the contract to purchase plaintiffs' air rights under a mutual mistaken belief that the air rights were available (see 74 A.D.3d 537 [1st Dept 2010]). At trial, defendants failed to establish that there was a substantial mutual mistake existing at the time the parties entered into the...

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