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50 A.D.2d 558 C Action was brought by tenant to reform lease. The Supreme Court, Queens County, granted defendant landlord's motion for summary judgment and plaintiff appealed. The Supreme Court, Appellate Division, held that plaintiff failed to show either mutual or unilateral mistake, accompanied by fraud. Affirmed. Tenant seeking to reform written lease on grounds of his mistake and concealment of lease provision by landlord failed to show either mutual or unilateral mistake, accompanied by fraud. **2S Harris Birnbaum, appellant pro se. Before HOPKINS, Acting P.J., and COHALAN, CHRIST, BRENNAN and SHAPIRO, JJ. MEMORANDUM BY THE COURT. 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. [1][2] 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 N.Y.2d 77, 308 N.Y.S.2d 649, 256 N.E.2d 707; Amend v. Hurley, 293 N.Y. 587, 59 N.E.2d 416). Such a showing has not been made in this case (cf. *559 Pimpinello v. Swift & Co., 253 N.Y. 159, 170 N.E. 530). N.Y.A.D. 1975. END OF DOCUMENT |
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