Stache Invs. Corp. v Ciolek

Holding The Appellate Division affirmed the judgment against the defendant, finding that he failed to prove a mutual mistake in the loan documents by clear and convincing evidence. The court held that the trial court’s rejection of the reformation defense was supported by the evidence and that prior pretrial rulings did not bind the appellate court on the full trial record.

The court’s words

A party seeking reformation must establish by clear and convincing evidence not only that [mutual] mistake . . . exists, but exactly what was really agreed upon between the parties

2026 NY Slip Op 04646, at the official text

the decision of the fact-finding court should not be disturbed upon appeal unless it is obvious that the court's conclusions could not be reached under any fair interpretation of the evidence

2026 NY Slip Op 04646, at the official text

proof offered to defeat a motion for summary judgment does not meet the standard of proof required to resolve an issue of fact at trial

2026 NY Slip Op 04646, at the official text