New York Court of Appeals

Albany City Savings Institution, Respondent v. Mary D. Burdick, Impleaded

November 22, 188187 N.Y. 40

Summary

The New York Court of Appeals reversed the judgment denying Mrs. Burdick relief, holding that her failure to read the deed does not bar a fraud claim and that the court may grant reformation of the deed without joining the original mortgagor, Martin. The court also clarified that Section 521 of the Code of Civil Procedure is merely a procedural regulation and does not limit equitable relief.