Sarner v. Kantor

Defendant lessor moves to dismiss the lessee’s complaint for insufficiency in law. The lease provided: “Fourth. That the tenant shall not assign or sublet this agreement, or under-let or underlease the premises * * * without the landlord’s written consent first had and obtained * * *. Nothing herein contained shall permit the landlord to unreasonably withhold his consent to any sublease.” Plaintiff alleges unreasonable refusal to consent to a sublease and demands damages and the return of the deposit under the lease.

Plaintiff cannot recover unless this 4th clause is a covenant by defendant…