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35 PARK AVE. CORP. v. CAMPAGNA

48 N.Y.2d 813 (1979)

35 Park Ave. Corp., Appellant, v. John J. Campagna et al., Respondents.

Court of Appeals of the State of New York.

Decided November 20, 1979.

Attorney(s) appearing for the Case

Sidney A. Wolff and Matthew J. D'Emic for appellant.

John J. Flynn, III, for respondents.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES and WACHTLER concur in memorandum; Judge MEYER dissents and votes to reverse in an opinion in which Judge FUCHSBERG concurs.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs. The cause of action to rescind the lease between plaintiff corporation as landlord and defendants as tenants, interposed more than six years after the execution of the lease, is time barred (see CPLR 213). Plaintiff's reliance on section 235-c of the Real Property Law, enacted in July, 1976 after this action was commenced, is misplaced. That section...

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