Hamiltonian Corp. v. Trinity Centre LLC

*518Judgment, Supreme Court, New York County (Louis B. York, J), entered March 18, 2009, to the extent appealed from, declaring that plaintiffs alleged defaults were all cured in a timely fashion, and dismissing defendant’s counterclaim for ejectment, unanimously reversed, on the law, with costs, the counterclaim reinstated, the declaration vacated, and the matter remanded for further proceedings.

The parties dispute whether plaintiff tenant’s 2006 assignment of shares to a third-party investor violated the lease by transferring 50% or more of its holdings without defendant landlord’s prior…