PFEIL v. CAPPIELLO


29 A.D.3d 1187 (2006)

815 N.Y.S.2d 770

ROY C. PFEIL, Appellant, v. JULIO CAPPIELLO, Respondent.

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

May 18, 2006.


MUGGLIN, J.

Plaintiff is the assignee of a lease of a portion of defendant's property that plaintiff and his assignors improved for use as soccer fields. The lease states that "the lessor and lessee own adjacent lands on the east side of Saratoga Road in the Town of Ballston, New York," but otherwise fails to adequately describe the leased premises. It is clear, however, that defendant owns additional land not subject to the lease. Additionally, the lease provides...

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