Opinion
December 6, 1973
Appeal from the Erie Special Term.
Present — Goldman, P.J., Del Vecchio, Marsh, Witmer and Moule, JJ.
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.