Legal Opinion

Ocheo Realty Corp. v. Sev Realty Corp.

Appellate Division of the Supreme Court of the State of New York

Decided May 4, 1923PublishedCited by 1 opinion

Appeal by the plaintiff, Ocheo Realty Corporation, from an interlocutory judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 28th day of July, 1922, upon the decision of the court rendered after a separate trial of an equitable counterclaim, adjudging that the defendant is entitled to the reformation of a certain written agreement between the parties.

1Opinion of the Court

Page, J.:

George Ehret is the owner of certain premises in the borough of Manhattan which were leased to the defendant for a term of twenty-one years. On October 1, 1921, the plaintiff and defendant entered into a written agreement wherein the plaintiff agreed to hire, and the defendant agreed to let, the premises for a certain period of time and upon the terms and conditions therein specified. Simultaneously with the execution of the lease the plaintiff and defendant entered into a separate written agreement which provided that the taking effect of the lease should be dependent upon the…

2Cases cited3 opinions

  1. Christopher & Tenth Street Railroad v. Twenty-third Street Railway Co.New York Court of Appeals · 1896
  2. Mead v. . Westchester Fire Insurance Co.New York Court of Appeals · 1876
  3. Halbe v. AdamsAppellate Division of the Supreme Court of the State of New York · 1917

3Cited by1 opinion

  1. Goodison v. GoodisonAppellate Division of the Supreme Court of the State of New York · 1978

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