Appellate Division of the Supreme Court of New York, 1976

Pergament Scarsdale, Inc. v. Greenville Shopping Center

Pergament Scarsdale, Inc. v. Greenville Shopping Center
Appellate Division of the Supreme Court of New York · Decided April 26, 1976
52 A.D.2d 635; 382 N.Y.S.2d 556; 1976 N.Y. App. Div. LEXIS 12284
Pergament Scarsdale, Inc. v. Greenville Shopping Center

Opinion of the Court

In an action to reform a lease, plaintiff appeals from a judgment of the Supreme Court, Suffolk County, dated June 20, 1975, which, after a nonjury trial, inter alia, declared that the subject lease was clear and unambiguous. Judgment affirmed, with costs. To warrant the reformation of a lease, a showing must be made either of mutual mistake or of unilateral mistake accompanied by fraud (Barash v Pennsylvania Term. Real Estate Corp., 26 NY2d 77; Birnbaum v 225 Broadway Co., 50 AD2d 558). Appellant has failed to make the requisite showing. Gulotta, P. J., Margett, Latham and Cohalan, JJ., concur.

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