Home/Appellate Division of the Supreme Court of New York/Pergament Scarsdale, Inc. v. Greenville Shopping Center

Pergament Scarsdale, Inc. v. Greenville Shopping Center

52 A.D.2d 635, 382 N.Y.S.2d 556, 1976 N.Y. App. Div. LEXIS 12284
CourtAppellate Division of the Supreme Court of the State of New York
DecidedApril 26, 1976
StatusPublished

This text of 52 A.D.2d 635 (Pergament Scarsdale, Inc. v. Greenville Shopping Center) 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
Pergament Scarsdale, Inc. v. Greenville Shopping Center, 52 A.D.2d 635, 382 N.Y.S.2d 556, 1976 N.Y. App. Div. LEXIS 12284 (N.Y. Ct. App. 1976).

Opinion

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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Related

Barash v. PA. TERM. REAL ESTATE CORP.
256 N.E.2d 707 (New York Court of Appeals, 1970)
Birnbaum v. 225 Broadway Co.
50 A.D.2d 558 (Appellate Division of the Supreme Court of New York, 1975)

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Bluebook (online)
52 A.D.2d 635, 382 N.Y.S.2d 556, 1976 N.Y. App. Div. LEXIS 12284, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pergament-scarsdale-inc-v-greenville-shopping-center-nyappdiv-1976.