698-700 AMSTERDAM CORP. v. MORFESIS REALTY CORP.


273 A.D.2d 31 (2000)

708 N.Y.S.2d 865

698-700 AMSTERDAM CORP., as Assignee of PRIME REALTY INTERNATIONAL, Appellant, v. MORFESIS REALTY CORP. et al., Respondents.

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

Decided June 6, 2000.


Plaintiff's appellate contention that the lease agreement entered into between the receiver and defendant tenant should be rescinded on the ground of mutual mistake is unpreserved and we decline to reach it since neither the receiver nor defendant tenant had a full and fair opportunity to respond to plaintiff's claim, that the lease between the receiver and defendant tenant was entered into upon the mistaken belief that there was a registered stabilized rent for the subject...

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