Appellate Division of the Supreme Court of the State of New York September 24, 2009 (Resort Sports Network Inc. v. PH Ventures III, LLC)

lead-opinion

OPINION OF THE COURT

Moskowitz, J.

This case involves what defendants euphemistically describe as a “mutual mistake,” but was instead defendants’ unilateral error. On October 27, 2006, plaintiff RSN Acquisition Inc. (RSN Acquisition), plaintiff Resort Sports Network Inc. (RSN) and RSN Merger Sub, Inc. (Merger Sub) entered into a merger agreement to purchase all of RSN’s stock.