Almar Realty Corp. v. Sockolof Bros., 35 A.D.2d 986 (2d Dep’t 1970), aff’d, 29 N.Y.2d 735 (1971)
Commercial Litigation – Appellate Practice – Landlord/Tenant – Tax Base Mutual Ignorance Fails To Support Reformation
Stephen Davis and Joel M. Aurnou prevailed in a reformation action by distinguishing mutual ignorance from mutual mistake of fact. The result was their client’s warehouse tenant paying a real estate tax escalation rental over a base of a vacant land assessment and not against a base assessment of the completed warehouse building.