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ICSC Legal Database - CasesMonday, February 22, 1999 05:06 PM

Case Index:
01544

Citation:
In re Caldor, Inc. N.Y., 217 B.R. 116 (Bankr. S.D.N.Y. 1998).

Issue:
A debtor-tenant sued the assignee of landlord's assignee to recover additional rent paid to the assignee and to

the assignee's predecessor-in-interest. The court held that the debtor had not waived any right to recover alleged

 overpayments by executing an estoppel certificate upon the sale of the center. Nevertheless, under New York

law, the debtor could not recover the overpayments because the alleged mistaken rent payments constituted a

mistake of law rather than a mistake of fact.

Facts:

Holding:

Publication:
Legal Update

Date:
Summer 1998

Classification 1:
Bankruptcy

Classification 2:

Classification 3:

01544 - Legal Update - Summer 1998