Commercial Landlord-Tenant Ralph Lauren Retail, Inc.—Recission—Reformation—Unilateral Mistake—Mutual Mistake—Tenant Alleged That Its Counsel “Erroneously Drafted” a Modification Because of a “Significant Change of Their Legal Personnel” and a “Communication Error Between Their Departing Counsel…and Their Incoming Counsel”—Claim Based on Unilateral Mistake Dismissed—However, Tenant Sufficiently Pleaded Claim Based on Mutual Mistake

A trial court had denied the defendant landlord’s motion to dismiss plaintiff commercial tenant’s (tenant’s) claim for recission or reformation based on a mistake of fact. The Appellate Division (court) “unanimously modified, on the law, to dismiss plaintiffs’ claim sounding in unilateral mistake, and otherwise affirmed….”

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