Kuritsky v. De Sienna

Appellate Division of the Supreme Court of New York

Kuritsky v. De Sienna

189 A.D.2d 749, 592 N.Y.S.2d 271, 1993 N.Y. App. Div. LEXIS 202

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 11, 1993

StatusPublished

This text of 189 A.D.2d 749 (Kuritsky v. De Sienna) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kuritsky v. De Sienna, 189 A.D.2d 749, 592 N.Y.S.2d 271, 1993 N.Y. App. Div. LEXIS 202 (N.Y. Ct. App. 1993).

Pincite

Opinion

In an action, inter alia, to recover damages for breach of contract, the defendants appeal from an order of the Supreme Court, Westchester County (Gurahian, J.), entered October 19, 1990, which granted the plaintiffs’ motion for an order reforming a settlement agreement between the parties.

Ordered that the order is reversed, with costs, and the motion is denied.

The plaintiffs’ motion to reform the agreement which settled the action was untimely, since it was made more than six years after the alleged mistake was made (see, CPLR 213). Accordingly, the Supreme Court improperly granted the motion. Sullivan, J. P., Rosenblatt, Miller and Ritter, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

In an action, inter alia, to recover damages for breach of contract, the defendants appeal from an order of the Supreme Court, Westchester County (Gurahian, J.), entered October 19, 1990, which granted the plaintiffs’ motion for an order reforming a settlement agreement between the parties.

Ordered that the order is reversed, with costs, and the motion is denied.

The plaintiffs’ motion to reform the agreement which settled the action was untimely, since it was made more than six years after the alleged mistake was made (see, CPLR 213). Accordingly, the Supreme Court improperly granted the motion. Sullivan, J. P., Rosenblatt, Miller and Ritter, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

189 A.D.2d 749, 592 N.Y.S.2d 271, 1993 N.Y. App. Div. LEXIS 202, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kuritsky-v-de-sienna-nyappdiv-1993.