Fox v. 85th Estates Co.

OPINION OF THE COURT

Ira Gammerman, J.

Plaintiffs move for an order, in essence, granting summary judgment in their action for declaratory relief. They seek a determination that defendant has unreasonably withheld its consent to an assignment of the lease to apartment No. 22D at 185 East 85th Street, New York City, by plaintiffs Dean and Marjorie Fox to plaintiffs Milton and Marsha Springut. Further, they seek a judgment declaring that plaintiffs Dean and Marjorie Fox have not violated any substantial obligation of their tenancy. Defendant cross-moves for an order dismissing the complaint upon…