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S. E. NICHOLS v. REGENT PROPS. INC.

49 A.D.2d 847 (1975)

S. E. Nichols et al., Appellants, v. Regent Properties Inc., et al., Respondents

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

October 21, 1975

Respondents shall recover of appellants $60 costs and disbursements of this appeal. Special Term properly granted defendants' cross motion to dismiss plaintiffs' third cause of action for reformation of a lease based upon an alleged mutual mistake on the ground that it is barred by the six-year Statute of Limitations (CPLR 213). Since plaintiffs' cause of action is based solely upon mutual mistake with no claim of fraud, the cause...

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