Opinion
March 16, 1990
Appeal from the Supreme Court, Wyoming County, Purple, J.
Present — Callahan, J.P., Doerr, Denman, Lawton and Davis, JJ.
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.