Manhattan Embassy Co. v. Burns

I respectfully dissent. The enactment of Real Property Law § 226-b reflects the legislative intent to limit the sublet rights and remedies of landlords and tenants to those statutorily specified, whether or not greater rights in the lease predate the passage of the law. This intent is clearly shown by comparing the disparate statutory treatment of assignment and sublet rights in the same section which specifically authorizes greater contractual rights for an assignment but is silent as to a subletting. Subdivision (1) applies to assignments and subdivision (2) to sublets.

“Section 226-b. Right…