Kass v. Garment Center Realty Co.

Martin, J.:

The complaint alleges that a written agreement was entered into for the lease of a loft, at a yearly rental of $22,500; that, prior to the preparation of the lease, plaintiff and defendant agreed that the rental should be at the rate of $1.50 per square foot; that defendant represented that the premises contained 15,000 square feet; that because of the “ mutual mistake of the plaintiff and the defendant, or by the mistake of the plaintiff and by the fraud of the defendant,” the written lease did not embody the actual agreement, the number of square feet in the loft being less than…