Northerly Corp. v. Hermett Realty Corp.

In this action for ejectment, plaintiff landlord claims that defendants violated the covenant, in a 21-year lease, against subletting without the written consent of the landlord. The second defense alleges that the landlord has permanently waived and nullified the covenant by the acceptance of rent knowing of subletting without the written consent of the landlord. In the fourth defense, defendants allege that plaintiff is estopped from contending that defendants may not sublet without written consent of the landlord because (1) of representations made that the covenant would not be enforced,…