Manhattan Shirt Co. v. Cisternino

The plaintiff sues as assignee of a mesne tenant to recover from a landlord after the expiration of a leasehold the amount deposited by the original tenant as security for the performance of the terms of the lease. The first defense is based on the fact that the landlord had not consented to the assignment of the security deposit and that the lease provided that “ the lessee shall not assign, transfer or set over this lease, or any part thereof * * * without the consent of the lessor first having been obtained in writing.” But this provision is inapplicable. The assignment is not of an…