Appellate Division of the Supreme Court of the State of New York March 19, 1985 (Chimart Associates v. Paul)

— Order of the Supreme Court, New York County (Irving Kirschenbaum, J.), entered May 15, 1984, denying plaintiff’s motion for summary judgment and granting defendant’s cross motion for leave to amend his answer to assert an additional affirmative defense of mutual mistake or fraud, reversed, on the law, the motion for summary judgment granted and the cross motion denied, with costs.