Golden v. Sullivan

Headnote

Lease — rescission —■ action to rescind leases and to recover moneys deposited as security, paid as rent, and expended on the leased property.

Golden v. Sullivan, 208 App. Div. 774 , affirmed.

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 14, 1924, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at an Equity Term. The action was brought for a rescission of leases to the plaintiff of certain real property

in New York city; to recover money deposited as security under the leases; to recover rent paid by the plaintiff for the demised premises and money expended by him thereon in an effort to remove certain violations, and for subrogation. The gravamen of the complaint was that the plaintiff had been induced by fraudulent misrepresentations, by innocent misrepresentations, and by mutual mistake to enter as lessee into five leases of that part of the premises 126 East Fourteenth street and 127 East Thirteenth street, Manhattan, known as the Dewey Theatre. The court decreed cancellation of the leases, a return of the security deposited, with interest, subrogation and other incidental equitable relief, but denied a reimbursement for rent paid and moneys expended.