Benderson Development Co. v. Achter's Key Drug Co.

Appellate Division of the Supreme Court of New York

Benderson Development Co. v. Achter's Key Drug Co.

43 A.D.2d 789, 350 N.Y.S.2d 887, 1973 N.Y. App. Div. LEXIS 2975

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 6, 1973

StatusPublished

This text of 43 A.D.2d 789 (Benderson Development Co. v. Achter's Key Drug Co.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Benderson Development Co. v. Achter's Key Drug Co., 43 A.D.2d 789, 350 N.Y.S.2d 887, 1973 N.Y. App. Div. LEXIS 2975 (N.Y. Ct. App. 1973).

Pincite

Opinion

Order insofar as it denies defendant’s motion for summary judgment relating to plaintiff’s prayer for an accounting unanimously reversed, on the law and facts, defendant’s motion granted, complaint dismissed and otherwise order affirmed, with costs. Memorandum: The court having properly denied reformation of the supplemental agreement of lease entered into by and between the parties and the defendant having made the rental payments called for in the supplemental agreement of lease, defendant’s motion for summary judgment dismissing the complaint should have been granted. (Appeals from order of Erie Special Term dismissing cause of action for reformation of lease.) Present— Goldman, P. J., Del Vecchio, Marsh, Witmer and Moule, JJ.

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Order insofar as it denies defendant’s motion for summary judgment relating to plaintiff’s prayer for an accounting unanimously reversed, on the law and facts, defendant’s motion granted, complaint dismissed and otherwise order affirmed, with costs. Memorandum: The court having properly denied reformation of the supplemental agreement of lease entered into by and between the parties and the defendant having made the rental payments called for in the supplemental agreement of lease, defendant’s motion for summary judgment dismissing the complaint should have been granted. (Appeals from order of Erie Special Term dismissing cause of action for reformation of lease.) Present— Goldman, P. J., Del Vecchio, Marsh, Witmer and Moule, JJ.

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Bluebook (online)

43 A.D.2d 789, 350 N.Y.S.2d 887, 1973 N.Y. App. Div. LEXIS 2975, Counsel Stack Legal Research, https://law.counselstack.com/opinion/benderson-development-co-v-achters-key-drug-co-nyappdiv-1973.