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SCOTT v. SEPTEMBER 24TH STREET, LLC

8528. 155362/16.

169 A.D.3d 599 (2019)

95 N.Y.S.3d 45

2019 NY Slip Op 01370

Joseph Scott, Sr., Appellant, v. September 24th Street, LLC, Respondent, et al., Defendant.

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

Decided February 26, 2019.

Defendant demonstrated by clear and convincing evidence that the price contained in the contract of sale was the result of a scrivener's error and did not reflect the price upon which the parties had agreed before reducing their agreement to writing (see Nash v Kornblum, 12 N.Y.2d 42 [1962]). The affidavit by defendant's counsel's legal assistant shows the agreed-upon price and that the...

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