Wiggins v. Fane

Appeal from a judgment of the Supreme Court at Special Term, entered August 30, 1978 in Tompkins County, which granted a motion by plaintiff *1040for summary judgment. Plaintiff, the lessee of a store owned by defendant in a building known as Commons West in the City of Ithaca, brought this action for a judgment declaring his right to assign his leasehold interest under a leasehold agreement between plaintiff and defendant. The lease contained a provision prohibiting the tenant from assigning the lease without the landlord’s written consent, which would not be unreasonably withheld. Plaintiff, who…