National Amusements, Inc. v. South Bronx Development Corp.

—Order, Supreme Court, New York County (Leland DeGrasse, J.), entered July 18, 1997, which, in a declaratory judgment action by plaintiff tenant against defendant landlord involving the method by which plaintiffs share of defendant’s common área charges and taxes are to be calculated under the parties’ lease, insofar as appealed from, dismissed defendant’s second affirmative defense and second counterclaim for reformation as time-barred, unanimously affirmed, without costs.

The IAS Court correctly held that the underlying claim of mistake is untimely, having accrued when the subject lease *359was…