Appellate Terms of the Supreme Court of New York, 1905

Ranalli v. Zeppetelli

Appellate Terms of the Supreme Court of New York · Decided June 22, 1905

94 N.Y.S. 561 (New York Supplement)

Counsel

Argued before SCOTT, P. J., and DUGRO and MacLEAN, JJ., Joseph Gifuni, for appellant., Frank A. Acer, for respondent.

Opinion of the Court

PER CURIAM.

The action was upon a contract, and no contract that would warrant a recovery by the plaintiff was shown. The arrangement that preceded the lease was merged in the lease. If the lease was executed under, a mutual mistake of, fact, it may be reformed, and appropriate relief thereupon had.

The judgment will be reversed, and a new trial ordered, with costs to appellant to abide the event.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.