Legal Opinion
Caridi v. Markey
Appellate Division of the Supreme Court of the State of New York
Decided March 27, 1989PublishedCited by 5 opinions
1Opinion of the Court
In an action to recover damages for the defendants’ refusal to consent to an assignment of a commercial lease, the plaintiffs appeal from an order of the Supreme Court, Westchester County (Buell, J.), entered June 22, 1988, which granted the defendants’ motion pursuant to CPLR 3211 (a) (1) and (7) to dismiss the complaint.
*654Ordered that the order is affirmed, with costs.
Recognizing the need to protect a landlord’s substantial interest in controlling the assignability of leases, it is the well-established law of this State that in the absence of a clause prohibiting the unreasonable withholding…
2Cases cited3 opinions
- Mann Theatres Corp. of California v. Mid-Island Shopping Plaza Co.Appellate Division of the Supreme Court of the State of New York · 1983
- Dress Shirt Sales, Inc. v. Hotel Martinique AssociatesNew York Court of Appeals · 1963
- Mann Theatres Corp. v. Mid-Island Shopping Plaza Co.New York Court of Appeals · 1984
3Cited by5 opinions
- State Street Bank & Trust Co. v. Inversiones Errazuriz LimitadaCourt of Appeals for the Second Circuit · 2004
- State Street Bank and Trust Company v. Inversiones Errazuriz LimitadaCourt of Appeals for the Second Circuit · 2004
- Asgahar v. Tringali Realty, Inc.Appellate Division of the Supreme Court of the State of New York · 2005
- REP A8 LLC v. Aventura Technologies, Inc.Appellate Division of the Supreme Court of the State of New York · 2009
- Honig v. St. George Tower & Grill Owners Corp.Appellate Division of the Supreme Court of the State of New York · 1995