Levai v. Alcoma Corp.

—Order of Supreme Court, New York County (Thomas V. Sinclair, Jr., J.), entered January 10, 1984, which denied plaintiff Levai’s motion for summary judgment and defendant Alcoma’s cross motion to dismiss the complaint, unanimously modified, on the law, to grant defendant’s cross motion to the extent of declaring that the landlord properly refused consent to tenant’s assignment of the lease when, in accordance with the statute, it offered plaintiff release from the lease upon surrender, and otherwise affirmed, with costs.

In September, 1969 plaintiff tenant entered into a lease with defendant…