Pfeil v. Cappiello

Appeal from an order of the Supreme Court (Nolan Jr., J.), entered April 22, 2005 in Saratoga County, which granted defendant’s motion for partial summary judgment dismissing the complaint.

Plaintiff is the assignee of a lease of a portion of defendant’s property that plaintiff and his assignors improved for use as soccer fields. The lease states that “the lessor and lessee own adjacent lands on the east side of Saratoga Road in the Town of Ballston, New York,” but otherwise fails to adequately describe the leased premises. It is clear, however, that defendant owns additional land not subject…