New York First Avenue CVS, Inc. v. Wellington Tower Associates, L.P.

Order, Supreme Court, New York County (Richard Braun, J.), entered April 1, 2002, which granted defendants’ motion to dismiss the complaint, seeking declaratory relief and reformation of a commercial lease, unanimously modified, on the law, to declare in defendants’ favor that plaintiff is liable for increases in taxes over the base taxes as defined in paragraph 40A of the rider to the parties’ lease, and otherwise affirmed, without costs.

Although mutual mistake may furnish grounds for reforming a written agreement, there is a “ ‘heavy presumption that a deliberately prepared and executed…