Heritage Co. v. Cutrone

OPINION OF THE COURT

Edward W. McCarty, III, J.

Petitioner entered into a lease with Peter Orshan as a tenant, which allowed tenant to sublease the apartment or assign the lease only upon the landlord’s prior written consent. During the term of the lease, Orshan sublet the premises *840to the respondent. No formal permission was given to Orshan to sublease the apartment, except that he may have informed the building superintendent of the sublease, and the building superintendent did not object; in fact, the superintendent allegedly accommodated respondent by changing the nameplate for the apartment…