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Public Parking, Inc. v. City of New York

Appellate Division of the Supreme Court of New York, First Department
Jan 28, 1997
235 A.D.2d 358 (N.Y. App. Div. 1997)

Opinion

January 28, 1997.

Order, Supreme Court, New York County (Walter Tolub, J.), entered January 10, 1995, which denied plaintiffs motion seeking either rescission of the parties' lease or an injunction directing defendant to take back possession of the subject premises, unanimously affirmed, without costs.

Before: Sullivan, J. P., Milonas, Rosenberger and Tom, JJ.


Plaintiffs insistence that it misunderstood that a provision of the lease authorized, but did not require, defendant to cancel the lease under certain circumstances is insufficient to establish an absence of the requisite meeting of minds as might justify either rescission or reformation. The language of the lease does not support this understanding of its meaning, and there is no evidence of fraud or misrepresentation by defendant. We have considered plaintiffs other contentions and find them to be without merit.


Summaries of

Public Parking, Inc. v. City of New York

Appellate Division of the Supreme Court of New York, First Department
Jan 28, 1997
235 A.D.2d 358 (N.Y. App. Div. 1997)
Case details for

Public Parking, Inc. v. City of New York

Case Details

Full title:PUBLIC PARKING, INC., Appellant, v. CITY OF NEW YORK et al., Respondents

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jan 28, 1997

Citations

235 A.D.2d 358 (N.Y. App. Div. 1997)
653 N.Y.S.2d 12