Lenox Hill Hospital v. 305/72 Owners Corp.

*471The proprietary lease at issue requires consent to sublet units and authorizes the imposition of conditions on the granting of such consent. Plaintiff hospital, proprietary lessee in a building owned by defendant, is subject to the same subletting rules applicable to other shareholders (see Spiegel v 1065 Park Ave. Corp., 305 AD2d 204, 205 [2003]). Thus, the part of the second cause of action that seeks a declaration that defendant does not have a right to require that plaintiff ask permission to sublet or meet any specific requirements regarding subletting should have been dismissed.

Moreover,…