Pergament Scarsdale, Inc. v. Greenville Shopping Center

Appellate Division of the Supreme Court of New York

Pergament Scarsdale, Inc. v. Greenville Shopping Center

55 A.D.2d 864, 382 N.Y.S.2d 556, 1976 N.Y. App. Div. LEXIS 15694

Appellate Division of the Supreme Court of the State of New York·Decided September 24, 1976·Published·Cited by 1 cases

Opinion

Motion by appellant for renewal and reargument of [865]*865the appeal from a judgment of the Supreme Court, Suffolk County, dated June 20, 1975 and for other related relief. Motion denied, with $20 costs. On the court’s own motion, its decision and order, both dated April 26, 1976 [52 AD2d 635], are recalled and vacated and the following decision substituted therefor: "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., Martuscello, Latham and Cohalan, JJ., concur.

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Motion by appellant for renewal and reargument of [865]*865the appeal from a judgment of the Supreme Court, Suffolk County, dated June 20, 1975 and for other related relief. Motion denied, with $20 costs. On the court’s own motion, its decision and order, both dated April 26, 1976 [52 AD2d 635], are recalled and vacated and the following decision substituted therefor: "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., Martuscello, Latham and Cohalan, JJ., concur.

Pergament Scarsdale, Inc. v. Greenville Shopping Center, 55 A.D.2d 864, 382 N.Y.S.2d 556, 1976 N.Y. App. Div. LEXIS 15694 (N.Y. Ct. App. 1976).

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Opinion

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