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ALLEN JORDAN et al., Appellants, v. WILLIAM VILLETTO et al., Respondents.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the cross motion for reformation of the parties' contract is denied.

The defendants failed to plead reformation either as an affirmative defense or as a counterclaim. Thus, it was waived ( see CPLR 3018 [b]; Apex Two v Terwilliger, 211 AD2d 856, 857-858). Accordingly, the Supreme Court erred in granting the defendants' cross motion for reformation of the parties' contract.

The defendants' remaining contentions are without merit

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JORDAN v. VILLETTO
(Mar 20, 2007)