400 East 58th Street Corp. v. Weiner

In this action, the plaintiff seeks a declaratory judgment with respect to the interpretation of an agree*214ment or, in the alternative, a decree reforming, the agreement so that it clearly expresses the conceded intention of the parties when the agreement was made.

Plaintiff is the owner of real property and the defendant is the trustee of the mortgage thereon. The obligations of the owner are contained in a plan of reorganization approved by this court. Among these obligations is the duty to amortize the mortgage at the rate of one per cent per annum, in cash. The option, however, is given to…