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FYM MILLBROOK, LLC v. WEINBERG

9012N, 850003/16.

171 A.D.3d 554 (2019)

96 N.Y.S.3d 530

2019 NY Slip Op 02840

FYM Millbrook, LLC, Appellant, v. Sarah Weinberg et al., Respondents.

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

Decided April 16, 2019.

Summary judgment was properly denied since triable issues of fact exist as to the identity of the indebted party. Although plaintiff claimed that the party named as maker on the note was a mere scrivener's error, it did not bring a claim for reformation of the note, nor did it provide clear and convincing evidence of such error (see Nash v Kornblum, 12 N.Y.2d 42, 46 [1962]; cf. VNB...

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