Almarine Realty Corp. v. Stern

The petition is jurisdictionally defective for failure to allege the existence of a contractual right to terminate the tenancy prior to the expiration date fixed in the lease (Blum v. Lewis, 192 Misc. 949). Furthermore, the exclusion of Tenant’s Exhibit C for Identification was error. That exhibit contains a written promise by the then owner of the property not to object to a subletting of the apartment to a person of reputable standing. Said owner, prior to conveying the prop*191erty to the present landlord, consented in writing to an assignment of the lease to Howell. Having thus indicated its…