Kass v. Garment Center Realty Co.

Merrell, J. (dissenting in part):

The action was brought in equity to reform a written agreement which the plaintiff in his complaint alleges the parties entered into on or about the 5th day of May, 1921, and to conform said *651agreement to the real understanding between the parties. In his complaint the plaintiff alleges the incorporation of the defendant, and that on or about the 5th day of May, 1921, the parties hereto entered into a written agreement of lease for the eleventh floor of the premises known as No. 498 Seventh avenue, in the borough of Manhattan, New York city, wherein and whereby…