Blum v. West End Associates

I respectfully dissent and would reverse the judgment below to declare for the defendant-appellant landlord. Section 226-b of the Real Property Law, as amended effective June 30, 1983, expressly permits a landlord to unreasonably withhold its consent to an assignment of a lease, unless a greater right to assign is conferred by the lease. Where such consent is unreasonably withheld, “release [from the lease] shall be the sole remedy of the tenant.” (Real Property Law, § 226-b, subd 1.) Additionally, the amendment is expressly applicable to leases entered into before or after the effective…