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Benz v. State

Appellate Division of the Supreme Court of New York, Fourth Department
Jan 13, 1966
25 A.D.2d 482 (N.Y. App. Div. 1966)

Opinion

January 13, 1966

Appeal from the Court of Claims.

Present — Williams, P.J., Bastow, Henry, Del Vecchio and Marsh, JJ.


Judgment unanimously affirmed, without costs of this appeal to either party. Memorandum: We recognize that a contract may be rescinded for a unilateral mistake (37 N.Y. Jur., Mistake, Accident, or Surprise, § 7; Rosenblum v. Manufacturers Trust Co., 270 N.Y. 79; Moses v. Carver, 254 App. Div. 402). The trial court concluded "that there was no mistake sufficient for a rescission of the Agreement." If this was intended to be a conclusion that the factual issue as to mistake was not established by a preponderance of the evidence (cf. 37 N.Y. Jur., Mistake, Accident, or Surprise, § 22) we agree therewith. The contention of claimant and her witnesses that the representative of the State promised that claimant subsequently would be paid 90% of the value of the claimed landlocked acreage in the rear and in addition the State would obtain a right of way to those lands is unrealistic and unbelievable. Such twofold relief in substance would have given claimant double compensation.


Summaries of

Benz v. State

Appellate Division of the Supreme Court of New York, Fourth Department
Jan 13, 1966
25 A.D.2d 482 (N.Y. App. Div. 1966)
Case details for

Benz v. State

Case Details

Full title:MARIE BENZ, Appellant, v. STATE OF NEW YORK, Respondent. (Claim No. 40996.)

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Jan 13, 1966

Citations

25 A.D.2d 482 (N.Y. App. Div. 1966)

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