Manhattan Jewish Educational Network and Joseph Klaynberg v. Clinton Green South, LLC, (unpublished opinion [Sup Ct., NY Cty, 2010])
In this case, we represented the Plaintiffs-a school, tenant of commercial space and the personal guarantor under the lease. The Defendant was the landlord of the Premises let to the Plaintiff as the school.
After the Plaintiffs discovered that the premises could not legally be occupied by the number of students necessary to support the school, we sued to rescind the lease and guaranty and to recover the security deposit.
The Defendant made a pre-answer motion to dismiss based on certain clauses in the lease, including a "no representations" clause.
The New York County Supreme Court denied the Defendant’s motion based upon our cause of action founded on mutual mistake.
This forced a settlement of the case.
You can read the order here.