Arlu Associates, Inc. v. Rosner
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtStevens, J.
This is an appeal from a judgment which dismissed the complaint for insufficiency.
The question to be determined is whether a tenant may bring an action for damages for breach of contract against the landlord for unreasonably withholding consent to an assignment of a lease.
The defendant landlord is the owner of a hotel which it leased to the plaintiff’s assignors. The lease in question stated: “ 38. Article 10 of this lease with respect to assignment is hereby modified to the extent that tenant shall have no right to assign this lease without the written consent of the landlord first obtained…
2Cases cited6 opinions
- Sarner v. KantorNew York Supreme Court · 1924
- Butterick Publishing Co. v. Fulton & Elm Leasing Co.New York Supreme Court · 1928
- Singer Sewing Machine Co. v. Eastway Plaza, Inc.New York Supreme Court · 1957
- Durand v. LipmanCity of New York Municipal Court · 1937
- Mann v. SteinbergNew York Supreme Court · 1946
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Kruger v. Page Management Co.New York Supreme Court · 1980
- Haack v. Great Atlantic & Pacific Tea Co.Missouri Court of Appeals · 1980
- In the Matter of Adele Speare and George Speare, Individually and as Co-Partners Doing Business as the Agora Prime Rib Restaurant and the Co-Partnership of the Agora Prime Rib Restaurant. Adele Speate and George Speare, Debtors in Possession, Consolidated Assets Corporation, Landlord-AppelleeCourt of Appeals for the Second Circuit · 1966
- Sims v. Darwood Management, Inc.Appellate Division of the Supreme Court of the State of New York · 1989
- In re SpeareCourt of Appeals for the Second Circuit · 1966
2 more not listed; retrieve them via the Exa API.