Legal Opinion · Concurrence

Lexann Realty Co. v. Deitchman

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

Decided July 30, 1981Published

1ConcurrenceSilverman, J.

In this case the lease provided that the landlord’s consent to sublet should not be unreasonably withheld. I believe that even in the absence of statute, under such a lease, if the landlord withholds his consent unreasonably, the tenant may sublet. *541Section 226-b of the Real Property Law was not intended to take away any rights of the tenant. [107 Misc 2d 74.]

2Cases cited1 opinion

  1. Lexann Realty Co. v. DeitchmanAppellate Terms of the Supreme Court of New York · 1980