500 Fifth Avenue, Inc. v. Nielsen

Plaintiff moves for summary judgment in ,an action to recover seven months’ rent under a written lease. Defendant requests summary judgment in its favor, or alternatively, if summary judgment be granted plaintiff, that *393summary judgment also be granted in defendant’s favor against the third-party defendant Domus, Inc.

On July 13, 1960, plaintiff, landlord, and defendant, Nielsen, tenant, entered into a written lease for the period August 1,1960 to July 31, 1965, with the usual prohibition against assignment without lessor’s consent. However, there was included a provision that tenant might…