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JONES LANG LASALLE BROKERAGE, INC. v. EPIX ENTERTAINMENT LLC

11473. 650917/18.

183 A.D.3d 405 (2020)

121 N.Y.S.3d 606

2020 NY Slip Op 02713

Jones Lang LaSalle Brokerage, Inc., Respondent, v. Epix Entertainment LLC, Formerly Known as Studio 3 Partners LLC, et al., Appellants.

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

Decided May 7, 2020.

Plaintiff failed to demonstrate by clear and convincing evidence that the commencement date of the brokerage services agreement was the product either of a mutual mistake or of a unilateral mistake induced by fraud (see Warberg Opportunistic Trading Fund L.P. v GeoResources, Inc., 151 A.D.3d 465, 470 [1st Dept 2017]). The record shows that the agreement underwent multiple revisions by both parties, including revisions that plaintiff...

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