Manhattan Embassy Co. v. Burns

*693OPINION OF THE COURT

Order entered June 7, 1999 modified by denying landlord’s motion for summary judgment dismissing the first counterclaim, and said counterclaim is reinstated; as modified, order affirmed, without costs.

Tenant’s original 1973 lease stated, in a rider provision: “Tenant shall have the right to sublet the demised premises to a subtenant, but the sublessee and the terms of the sublease shall be first approved in writing by landlord, which approval shall not be unnecessarily withheld.” In this nonpayment proceeding, tenant counterclaimed for lost sublease income attributable to…