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LITTLE PRINCE PRODUCTIONS v. SCOULLAR
Appellate Division of the Supreme Court of New York, First Department.
Jan 6, 1998
Plaintiff's tender of proof of mutual mistake, even if accepted as true, does not rise to the high level required to resist a motion for summary judgment directed against a cause of action for reformation and based upon unambiguous contractual language ( see, Chimart Assocs. v. Paul, 66 N.Y.2d 570, 574; Sagan v. Sagan, 53 N.Y.2d 635). Indeed, other than the claimed unconscionable one-sidedness of the agreement, properly rejected by the IAS Court, we perceive no proof of mutual mistake whatsoever.
Concur — Sullivan, J.P., Rosenberger, Wallach, Rubin and Tom, JJ.
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