Bostonian Shoe Co. v. Wulwick Associates

— In an action for declaratory and *718injunctive relief, the defendant appeals from an order and interlocutory judgment of the Supreme Court, Kings County (Spodek, J.), dated February 8, 1985, which denied its motion for summary judgment dismissing the complaint, granted the plaintiff’s cross motion for summary judgment on its complaint and declared, inter alia, that the plaintiff was not in breach of a provision of the lease which prohibited its assignment without the lessor’s consent.

Order and interlocutory judgment affirmed, with costs.

The instant appeal involves a written lease between the…