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HERLOU CARD SHOP, INC. v. PRUDENTIAL INS. CO. OF AM.

73 A.D.2d 562 (1979)

Herlou Card Shop, Inc., Respondent-Appellant, v. Prudential Insurance Company of America, Appellant-Respondent

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

December 18, 1979

This commercial lease expressly provided that it could not be assigned without the landlord's consent; there was no limitation in the lease that such consent should not be unreasonably withheld. Furthermore, the tenant was several months in default in payment of rent, and pursuant to the provisions of the lease, the landlord had served a notice to terminate the lease. The plaintiff tenant did not have the money to cure the default in rent. In the circumstances, the landlord...

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