BENDERSON DEV. CO., INC. v. ACHTER'S KEY DRUG CO., INC.


43 A.D.2d 789 (1973)

Benderson Development Company, Inc., Appellant-Respondent, v. Achter's Key Drug Company, Inc., Respondent-Appellant

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

December 6, 1973


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...

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