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Jordan v. Villetto

Appellate Division of the Supreme Court of New York, Second Department
Mar 20, 2007
38 A.D.3d 716 (N.Y. App. Div. 2007)

Opinion

No. 2005-09244.

March 20, 2007.

In an action, inter alia, to recover damages for breach of contract, the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Putnam County (O'Rourke, J.), dated September 15, 2005, as granted the defendants' cross motion for reformation of the parties' contract.

Daniels and Porco, LLP, Carmel, N.Y. (Robert C. Lusardi of counsel), for appellants.

Curtiss, Leibell Shilling, P.C., Carmel, N.Y. (Anthony R. Mole of counsel), for respondents.

Before: Miller, J.P., Schmidt, Ritter and Angiolillo, JJ., concur.


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


Summaries of

Jordan v. Villetto

Appellate Division of the Supreme Court of New York, Second Department
Mar 20, 2007
38 A.D.3d 716 (N.Y. App. Div. 2007)
Case details for

Jordan v. Villetto

Case Details

Full title:ALLEN JORDAN et al., Appellants, v. WILLIAM VILLETTO et al., Respondents

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

Date published: Mar 20, 2007

Citations

38 A.D.3d 716 (N.Y. App. Div. 2007)
2007 N.Y. Slip Op. 2513
830 N.Y.S.2d 916

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