Monthly Archives: December 2013

Part III: “Scrivener’s Error”: Historical Antecedents, Development and State of the Law

In Part I (posted May 6, 2013) we explored how the general principles of New York law  with respect to “scrivener’s error”, “mutual mistake”  and “reformation” were formulated by the Court of Appeals in the mid-to-late nineteenth century. In Part II (posted August 3, 2013) we reviewed how the law was developed and applied by the Court of Appeals to more complicated transactions in the twentieth century. And, in this final Part III, we analyze how the law continues to be followed and applied by the Court of Appeals and other courts in the current millennium.

As of this writing the Court of Appeals has addressed the issue of reformation only once in the twenty-first century.  Simkin v. Blank, 19 N.Y. 3d 46 (2012). Continue reading