Boorstein v. Douglas

CAYTON, Chief Justice.

Appellant was defendant in an action for possession of an apartment. The lease between the parties contained a covenant that the tenant would not “sublet the said apartment or any part thereof, nor transfer possession or occupancy thereof, to any person or persons * * * nor assign this lease” without the written consent of the landlord. Plaintiff claimed this covenant had'.been violated, and on that ground she'sued for possession. No evidence was presented showing subletting or assignment of the lease, but plaintiff claimed defendant had transferred “possession or…