Anchor Holding Co. v. Michael's Coffee Shop

Kupferman, J.P., and Carro, J.,

dissent in part in a memorandum by Carro, J., as follows: In February, 1971, DICPA entered into a 15-year lease of the subject premises with Anchor’s predecessor in interest as landlord. The lease provided that assignment or subletting of the premises was prohibited without prior written consent of the landlord. On March 18, 1976, the attorney for DICPA wrote to the attorney for the prior landlord that “The lease was assigned on February 18, 1976 to Michael’s Coffee Shop, Inc.” (hereinafter Michael’s). Anchor acquired the premises in February, 1977 and was…