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ZIP FOODS, INC. v. SCHWELLER

36 A.D.2d 520 (1971)

Zip Foods, Inc., et al., Appellants, v. Bertha Schweller, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

January 21, 1971

The Trial Justice was correct in the determination that on this record the defendant violated her covenant in unreasonably withholding her consent to the assignment of the lease, but that the corporation alone has the right to maintain the action. (See Lyons Holding Corp. v. Home Title Ins. Co., 250 App. Div. 640; Evangelista v. Longo, 13 A.D.2d 835.) And, the tenant corporation, signatory to the lease, may attempt to prove...

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