Dress Shirt Sales, Inc. v. Hotel Martinique Associates

Plaintiffs were the lessees of space in defendants’ hotel under a lease prohibiting subletting without defendant lessors’ written consent. The lease, executed in 1955, was for a term of 10 years with a rental of $10,000 per year for the first five and $12,000 per year for the last five. In 1959 plaintiffs vacated but continued to pay rent. Then and at all times thereafter defendants assured plaintiffs of their willingness to allow a subletting and plaintiffs displayed a “ for rent ” sign on the premises with defendants’ consent. Three months later one Bencini approached plaintiffs with a…