5 WEST CORP. v. 5-15 WEST 125TH ST. CORP.


2 A.D.2d 676 (1956)

5 West Corporation, Respondent, v. 5-15 West 125th Street Corp., Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

June 26, 1956


Order [denying motion to dismiss complaint] unanimously reversed, with $20 costs and disbursements to the appellant, and the motion granted, and judgment is directed to be entered in favor of the defendant dismissing the complaint herein, with costs.

The mere allegation in the complaint of a mistake upon the part of plaintiff in not demanding arbitration of the rent, as allowed by the lease, is not sufficient to enlist equity in plaintiff's behalf. Nor is any forfeiture...

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