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106 SPRING ST. OWNER LLC v. WORKSPACE, INC.

657050/17. 595396/18. Appeal No. 12464-12465. Case No. 2018-6009. 2018-5824.

188 A.D.3d 588 (2020)

132 N.Y.S.3d 756

2020 NY Slip Op 06942

106 Spring Street Owner LLC, Respondent, v. Workspace, Inc., et al., Appellants. Workspace, Inc., et al., Third Party Plaintiffs-Appellants, v. 60 Guilders LLC et al., Third-Party Defendants-Respondents.

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

Decided November 24, 2020.

The first counterclaim seeks reformation of the contract of sale between plaintiff and defendant Workspace, Inc. based on mutual mistake. "A claim of mutual mistake is stated where the allegations indicate that the parties have reached an oral agreement and, unknown to either, the signed writing does not express that agreement" (Friedland Realty, Inc. v 416 W, LLC, 120 A.D.3d 1185, 1186 [2d Dept 2014] [internal quotation marks omitted...

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