NATIONAL AMUSEMENTS, INC. v. S. BRONX DEV

The IAS Court correctly held that the underlying claim of mistake is untimely, having accrued when the subject lease was executed (see, Matter of Wallace v. 600 Partners Co., 86 N.Y.2d 543; Arrathoon v. East N.Y. Sav. Bank, 169 A.D.2d 804, lv denied 77 N.Y.2d 808), and, notwithstanding our comment in Davis v. Davis ( 95 A.D.2d 674, 675), was not subject to a discovery accrual (see, First Natl. Bank v. Volpe, 217 A.D.2d 967, 968). Defendant's other arguments with regard to timeliness are without merit. In view of the foregoing, it is unnecessary to reach the parties' other contentions.

Concur — Milonas, J. P., Wallach, Rubin, Mazzarelli and Saxe, JJ.