Jossel v. Filicori

OPINION OF THE COURT

Herman Cahn, J.

CPLR 4544, requiring the print in certain contracts and residential leases to be at least a certain size, is by its own terms, not retroactive. However, the issue posed herein is whether a new agreement, incorporating by reference terms of the old agreement, will be unenforceable, if the type in the old agreement is too small. The court holds that the new agreement in such circumstances is enforceable.

In this action for a permanent injunction based upon theories of nuisance and trespass, plaintiff Marguerite Jossel *780moves for an order pursuant to CPLR 4102…