Koppstein v. Capitman — 35 N.Y.2d 897

Majority

p. 897

Dita Koppstein, Appellant, v. William Capitman et al., Respondents.

Argued November 21, 1974;

decided December 18, 1974.

p. 898

Jerome i7. Kate for appellant.

Bermett Frarikel for respondents.

p. 899

Memorandum. 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.

The order of the Appellate Division should be affirmed.

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

Order affirmed, without costs, in a memorandum.