Healthco, Inc. v. E & S REALTY ASSOCIATES

The defendants, E & S Realty Associates (E & S) and Samuel P. Avila, manager of E & S, appeal from a judgment granting the plaintiffs, Healthco, Inc. (Healthco), and H & M Laboratory Services, Inc. (H & M), declaratory and injunctive relief relative to an action brought to determine whether a lease between Healthco and H & M survived after Healthco assigned its interest to H & M without obtaining the consent of E & S. The judge granted the relief because he concluded that E & S unreasonably withheld its consent to the assignment of the lease by Healthco to H & M. We reverse.

We summarize the…