Klarfeld v. Reil

In an action by the buyer for rescission of a contract for the sale of real property and the return of the deposit and damages, the seller counterclaimed for reformation of the contract so as to include a provision that the premises were to be sold subject to existing tenancies and asked specific performance of the contract as reformed. After trial, Special Term held that there was no need for reformation, dismissed the complaint, and directed specific performance of the contract. The plaintiff appeals from the judgment entered on the decision. Judgment affirmed, with costs. When the entire…