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257 PARK AVENUE ASSOCIATES v. MUSIC SALES CORPORATION

24 A.D.3d 371 (2005)

806 N.Y.S.2d 535

257 PARK AVENUE ASSOCIATES, Appellant, v. MUSIC SALES CORPORATION, Respondent.

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

December 29, 2005.

As in Nash v. Kornblum (12 N.Y.2d 42 [1962]), this matter involves a mistake on the part of plaintiff in reducing to writing the parties' renewal lease agreement, "which plaintiff did not discover before submission to the defendant, and the latter, with knowledge of the mistake, trying to take advantage of the error" (12 NY2d at 47). Indeed, defendant concedes that its real estate broker, who was involved with the first lease and...

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