BREFRIES E. v. PLATT


116 Misc.2d 574 (1982)

Brefries East End, Inc., Appellant, v. David Platt et al., Respondents.

Supreme Court, Appellate Term, First Department.

October 1, 1982


Attorney(s) appearing for the Case

Finkelstein, Borah, Schwartz, Altschuler & Goldstein, P. C. (Todd Nahins of counsel), for appellant. Hirschhorn & Rubin for respondents.

TIERNEY, J. P., RICCOBONO and SULLIVAN, JJ., concur.


Per Curiam.

Final judgment entered February 9, 1982 reversed, with $30 costs, and final judgment of possession directed in favor of landlord as prayed for in the petition.

The lease between the parties contained a standard clause prohibiting a subletting or assignment without the prior written consent of the landlord, except as permitted by section 226-b of the Real Property Law. It is undisputed on this record, and the trial court so found, that tenant...

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