Legal Opinion · Concurrence

Pelgram v. Ehrenzweig

Appellate Terms of the Supreme Court of New York

Decided March 15, 1908Published

Appeal by the plaintiff from a judgment in favor of the defendant, rendered in the Municipal Court of the city of Hew York, twelfth district, borough of Manhattan.

1ConcurrenceBischoff, J.

I agree that the judgment must be reversed and a new trial ordered.

The evidence did not warrant a finding of fraud; and, indeed, the court below predicated its dismissal of the complaint wholly on the defendant’s error in assuming that the lease concerned the east apartment, which he intended to hire, whereas in fact it referred to the west apartment in the *197same building. At most, therefore, the evidence showed a mutual mistake of the contracting parties for which equitable relief by way of rescission of the lease could he had, were the action pending in a- court having equitable powers, or…

2Cases cited4 opinions

  1. Dobson v. . PearceNew York Court of Appeals · 1854
  2. Homestead Bank v. WoodNew York Court of Common Pleas · 1892
  3. Boyd v. BoydNew York Supreme Court · 1899
  4. Boyd v. BoydAppellate Division of the Supreme Court of the State of New York · 1900

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API