SCHLESINGER v. LEVINE


28 Misc.2d 654 (1961)

Herman Schlesinger, Plaintiff, v. Irving Levine, Defendant.

Supreme Court, Special Term, Bronx County.

February 24, 1961


Attorney(s) appearing for the Case

Goldstein & Goldstein for plaintiff. Klein & Klein for defendant.


MORRIS E. SPECTOR, J.

This is an action to declare a lease invalid and for a return of the money paid as rent and security. An action for three months' rent commenced in the Municipal Court had been transferred to this court and consolidated with this proceeding.

The plaintiff alleges that the lease was entered into either through mutual mistake of the parties or through his mistake and fraud of the defendant. The plaintiff desired to rent the...

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