The Fourth Department held that an unambiguous 1989 deed conclusively conveyed the disputed right-of-way segment and that unilateral mistake without fraud could not support reformation.
The Fourth Department refused to reopen a divorce settlement over a medical-practice sale because the wife received notice of a potential transaction before waiving further disclosure.
The Fourth Department affirms that a merchant cash advance structured as a revenue purchase agreement is not a usurious loan under New York law, applying the three-factor test of reconciliation provisions, finite term, and bankruptcy recourse.
The Fourth Department upholds Zurich’s duty to defend Erie County but reverses summary judgment against Selective Insurance, finding contract ambiguity about whether park paving work fell within the contractor’s additional-insured obligation.
The Fourth Department reversed summary judgment for property-owner defendants and reinstated a real estate broker’s commission claim, finding that post-expiration text messages discussing incoming offers created a triable issue whether the parties formed an implied-in-fact contract for brokerage services.