Congel v. Tops Markets, Inc.

—Appeal from an order of Supreme Court, Erie County (Mahoney, J.), entered June 5, 2001, which, inter alia, granted defendant’s cross motion for summary judgment.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed with costs.

*1005Memorandum: Plaintiffs commenced this action to recover rent paid to defendant’s former landlord between June 1997 and August 1999 pursuant to an assignment and assumption of lease agreement (agreement). Plaintiffs allege that they made those payments under the mistaken belief that their obligation to pay rent under the…