Mitchell v. Rockefeller Center, Inc.

The complaint, which has been dismissed for insufficiency, alleges that the parties here entered into a written lease under which defendant leased to plaintiff a suite in the R. K. 0. Building for ten years and two months at an annual rental of $1,080. The lease contained a provision permitting its assignment by plaintiff, upon certain conditions, to a corporation to be organized. The conditions required assumption of the lease by the assignee; the continuance of plaintiff's liability thereunder; the control by plaintiff of the assignee corporation by means of ownership of at least a majority…