Keating v. Weinberger

—In an action to rescind a lease on the ground of constructive fraud, the defendants appeal from a judgment of the Supreme Court, Queens County (Graci, J.), dated May 24, 1988, which, after a nonjury trial, was in favor of the plaintiff rescinding the lease.

Ordered that the judgment is affirmed, with costs.

The plaintiffs decedent, James Keating, was the owner of a commercial parking lot located on Northern Boulevard in Flushing, New York. On February 18, 1985, Keating, who was then in his mid-eighties, entered into a lease with Milaman Associates, Inc., and its president, Saul Weinberger. The…