Was Alteration Agreement Requiring Fire Door Inside Unit Based on Mutual Mistake?

LVT Number: #31114

Landlord cooperative corporation sued to evict co-op shareholder tenants for breach of their proprietary lease by failing to complete alterations to their apartment in accordance with the terms of an alteration agreement signed with landlord. The alteration agreement required tenants to install a fire-rated door in the masonry fire wall that separated the bedroom of tenants' daughter from the rest of the apartment. Tenants argued that they and landlord made a mutual mistake because a fire-rated door wasn't legally required inside the apartment.

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