250 A.D. 739 | N.Y. App. Div. | 1937
In an action brought to quiet title and for injunctive relief and damages, defendants Fuca and Curta interposed an answer denying the allegations of the complaint and setting up, by way of counterclaim, that the contract between the parties did not express the true intention of the parties and asked for reformation. After trial, the court dismissed plaintiff’s cause of action on the merits and rendered judgment in favor of the defendants, reforming the contract in certain particulars and directing an accounting. The judgment was affirmed June 21, 1935, by this court (245 App. Div. 755). Thereafter, by order dated July 6, 1936, the judgment was corrected by amendment. Order amending and correcting judgment reversed upon the law, with ten dollars costs and disbursements, and motion denied, with ten dollars costs, without prejudice to an application to reargue the appeal from the judgment herein, if the plaintiff be so advised. The judgment directed that plaintiff account to defendants