April 4, 2023

Reformation of a contract.

There is a presumption that the contract's language embodies the parties' true intent, but when a party shows by clear and convincing evidence that the writing memorialized in an agreement is at variance with the parties' intent, reformation will be granted.

Empery Asset Master, Ltd. v. AIT Therapeutics, Inc., NY Slip Op 01585 (1st Dep't March 23, 2023)

Here is the decision.