Reisberg v. Ownit Realty Corp.

This is a summary proceeding brought to recover possession of a building under a lease dated October 1, 1927, for a term of twenty-one years, upon the ground that the term has terminated, first, because the tenant violated the terms of the lease against assignment and mortgaging without the consent of the landlord, and, second, because the tenant failed to remove violations filed by the tenement house department against the demised premises. The first ground is untenable and may be passed. There is no prohibition in the lease against assignment. It provides that the lessee may assign without…