Legal Opinion

406 Broome St Rest Inc. v. Lafayette Center, LLC

Appellate Division of the Supreme Court of the State of New York

Decided April 20, 2017No. 3793 650358/08PublishedCited by 1 opinion

1Opinion of the Court

Judgment, Supreme Court, New York County (Arthur F. Engoron, J.), entered March 1, 2016, after a nonjury trial, awarding plaintiff the principal sum of $900,000, unanimously affirmed, with costs.

A fair interpretation of the evidence supports the trial court’s conclusion that defendant violated the terms of the parties’ lease by unreasonably withholding consent to plaintiff’s proposed assignment of the leased space to a third party (see Garza v 508 W. 112th St., Inc., 71 AD3d 567 [1st Dept 2010]). The court appropriately determined that the measure of plaintiff’s damages due to defendant’s…

2Cases cited2 opinions

  1. Garza v. 508 West 112th Street, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
  2. Giordano v. MillerAppellate Division of the Supreme Court of the State of New York · 2001

3Cited by1 opinion

  1. WG Three Assoc., LLC v. Portofino Chelsea, LLCAppellate Division of the Supreme Court of the State of New York · 2020

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