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35 N.Y.2d 897

Koppstein v. Capitman

New York Court of Appeals

Decided December 18, 1974

New York Court of Appeals · decided 1974-12-18

Decided 1974-12-18

¶1*899Memorandum. From the agreed statement of facts it appears that both buyer and seller of this one-family residence mistakenly but innocently believed that the interest rate on the mortgage to be assumed by the buyer was 5%% rather than 6%. While such mutual mistake of fact might have supported recission, it does not support the buyer’s claim for damages in the amount of the interest rate differential.

¶2The order of the Appellate Division should be affirmed.

¶3Chief Judge Breitel and Judges Jasen, G-abrielli, Jones, Wachtler and Stevens concur; Judge Babin taking no part.

¶4Order affirmed, without costs, in a memorandum.

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