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Contracts Keyed to Calamari
Simkin v. Blank
Citation:Court of Appeals of New York, 2012. 19 N.Y.3d 46, 968 N.E.2d 459, 945 N.Y.S.2d 222.
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- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
- Brief Facts: A Synopsis of the Facts of the case.
- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
Plaintiff and defendant were (respectively) husband and wife. After two decades of marriage, they decided to operate, and spent two years finalizing a divorce settlement. As a part of this settlement, the husband paid the wife several hundred thousand dollars, and took for himself an investment account managed by Bernard L. Madoff Securities. Shortly after the divorce settlement was finalized, the Ponzi scheme of Bernie Madoff was publicly exposed, and the husbands investment account (assumed by the settlement agreement to be worth more than $5,000,000) became practically worthless. The husband sued to renegotiate the divorce settlement on the grounds of mutual mistake.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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