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CONRAD v. THIRD SUTTON

81 A.D.2d 50 (1981)

Carol L. Conrad, Respondent, v. Third Sutton Realty Co. et al., Appellants

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

June 2, 1981

Attorney(s) appearing for the Case

Robert D. Goldstein of counsel (Finkelstein, Borah, Schwartz, Altschuler & Goldstein, P. C., attorneys), for appellants.

Charles D. Bock of counsel (James L. Adler, Jr., and Lisa S. Rothblum with him on the brief; Greenbaum, Wolff & Ernst, attorneys), for respondent.

David B. Saxe of counsel (Brett, Apfelberg, Epstein & Saxe, attorneys), for Center for Consumer Advocacy, Inc., amicus curiae.

SULLIVAN, J. P., and CARRO, J., concur with ROSS, J.; SILVERMAN and BLOOM, JJ., concur in a separate opinion by SILVERMAN, J.

ROSS, J.

On this appeal we are asked to consider the respective rights of a landlord and a tenant, where the former unreasonably withholds consent to sublet the apartment of the tenant. The defendant landlord maintains that his rights include releasing the tenant from the existing obligations under the lease or the tenant can forego the sublease and continue in occupancy. The plaintiff tenant argues that her rights are not so circumscribed. Plaintiff...

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