- Bookmark
- Share
- CaseIQ
JORDAN v. VILLETTO
Appellate Division of the Supreme Court of New York, Second Department.
Mar 20, 2007
Important Paras
Please sign up to view Important Paras.
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
x
Alert
Please log in or sign up for a free trial to access this feature.