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NAT'L AMUSEMENTS, INC. v. S. BRONX DEV. CORP.

253 A.D.2d 358 (1998)

676 N.Y.S.2d 166

National Amusements, Inc., Respondent, v. South Bronx Development Corp., Appellant

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

August 6, 1998

The IAS Court correctly held that the underlying claim of mistake is untimely, having accrued when the subject lease was executed (see, Matter of Wallace v 600 Partners Co., 86 N.Y.2d 543; Arrathoon v East N. Y. Sav. Bank, 169 A.D.2d 804, lv denied 77 N.Y.2d 808), and, notwithstanding our comment in Davis v Davis (...

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