Krasner v. Berk

Bernard Krasner and Morton Berk (defendant), doctors sharing office space, renewed their lease in April 1969 and signed a second agreement locking in equal rent-sharing even if one left the office for any reason, including disability. By then, Berk's family had noticed months of forgetfulness, disorientation, and missed appointments, though Berk read the second agreement and called it fair, and even later dictated a complaint letter to the landlord. Months later, a neurologist diagnosed Berk with irreversible presenile dementia and advised him to stop practicing, which he did in July 1970. Krasner sued Berk for his share of rent and taxes under the 1969 agreement; at trial, Krasner argued Berk couldn't raise mental incapacity as a defense because he understood the agreement when it was made. The trial court denied Krasner's motion on this point, but the appellate court reversed. Berk appealed.