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Daily Archives: Thursday, December 20, 2018

Posted: December 20, 2018

Questions of Fact Preclude Summary Judgment on Mutual Mistake Claim

On December 11, 2018, the First Department issued a decision in Securitized Asset Funding 2011-2, Ltd. v. Canadian Imperial Bank of Commerce, 2018 NY Slip Op. 08444, holding that questions of fact precluded summary judgment on a claim for mutual mistake, explaining: [W]e affirm the denial of Cerberus’s motion, because CIBC’s defenses and counterclaims raise... Read more »