Phlodur, Inc. v. Lewis Apparel Stores, Inc.

This is a motion by defendant to dismiss the complaint in which plaintiff seeks a declaratory judgment reforming a lease agreement entered into between the parties and declaring the termination date of said lease to be April 30, 1947.

The plaintiff is the owner of certain real property known as 432 South Salina Street, Syracuse, New York, and on May 13, 1944, the defendant and the plaintiff entered into a written lease whereby the plaintiff rented to the defendant a portion of said property described as “ The store and basement underneath said store ” for the term of one year “ commencing…