Birnbaum v. 225 Broadway Co.

Appellate Division of the Supreme Court of New York

Birnbaum v. 225 Broadway Co.

50 A.D.2d 558, 375 N.Y.S.2d 21, 1975 N.Y. App. Div. LEXIS 12303

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

DecidedNovember 3, 1975

StatusPublished

Cited by2 cases

This text of 50 A.D.2d 558 (Birnbaum v. 225 Broadway 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

Birnbaum v. 225 Broadway Co., 50 A.D.2d 558, 375 N.Y.S.2d 21, 1975 N.Y. App. Div. LEXIS 12303 (N.Y. Ct. App. 1975).

Pincite

Opinion

— In an action to reform a lease, plaintiff appeals from an order of the Supreme Court, Queens County, dated May 7, 1974, which granted defendant’s motion for summary judgment. Order affirmed, with $20 costs and disbursements. Plaintiff seeks to reform a written lease on the grounds of his mistake and the concealment of a lease provision by the defendant landlord, which provision, he contends, the landlord was duty bound to disclose. To warrant 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; Amend v Hurley, 293 NY 587). Such a showing has not been made in this case (cf. Pimpinello v [559]*559Swift & Co., 253 NY 159). Hopkins, Acting P. J., Cohalan, Christ, Brennan and Shapiro, JJ., concur.

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— In an action to reform a lease, plaintiff appeals from an order of the Supreme Court, Queens County, dated May 7, 1974, which granted defendant’s motion for summary judgment. Order affirmed, with $20 costs and disbursements. Plaintiff seeks to reform a written lease on the grounds of his mistake and the concealment of a lease provision by the defendant landlord, which provision, he contends, the landlord was duty bound to disclose. To warrant 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; Amend v Hurley, 293 NY 587). Such a showing has not been made in this case (cf. Pimpinello v [559]*559Swift & Co., 253 NY 159). Hopkins, Acting P. J., Cohalan, Christ, Brennan and Shapiro, JJ., concur.

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Bluebook (online)

50 A.D.2d 558, 375 N.Y.S.2d 21, 1975 N.Y. App. Div. LEXIS 12303, Counsel Stack Legal Research, https://law.counselstack.com/opinion/birnbaum-v-225-broadway-co-nyappdiv-1975.

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