Nichols v. Regent Properties Inc.

Order, Supreme Court, New York County, entered on February 24, 1975, unanimously affirmed. Respondents shall recover of appellants $60 costs and disbursements of this appeal. Special Term properly granted defendants’ cross motion to dismiss plaintiffs’ third cause of action for reformation of a lease based upon an alleged mutual mistake on the ground that it is barred by the six-year Statute of Limitations (CPLR 213). Since plaintiffs’ cause of action is based solely upon mutual mistake with no claim *848of fraud, the cause accrued upon execution and delivery of the lease, regardless of when it…