Mokdessi v. Warsaw Medical Group

Judgment unanimously affirmed without costs. Memorandum: Supreme Court properly granted defendants’ motion to dismiss plaintiff’s complaint. We do not agree, however, with the court’s finding that the agreement between the parties is void because of a mutual mistake of fact. (Appeal from judgment of Supreme Court, Wyoming County, Purple, J. — recover life insurance proceeds.) Present — Callahan, J. P., Doerr, Denman, Lawton and Davis, JJ.