Howard Stores Corp. v. Robison Rayon Co.

In my judgment, both motions for summary judgment should have been denied.

Defendant, tenant under certain leases of real property, assigned the leases, with plaintiff’s consent, for the balances of the terms of the leases. The assignments provided that defendant assignor would continue to be fully responsible jointly and severally with the assignee ‘ ‘ for the performance of all of the terms, covenants and conditions of the Assignee as Tenant under the said leases ”.

In May, 1969, the assignees defaulted in the payment of rent and landlord commenced summary proceedings, to which defendant was…