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STAHL ASSOC. v. DARLAND

123 Misc.2d 848 (1984)

Stahl Associates Company, a Partnership, Petitioner, v. Bonnie L. Darland et al., Respondents.

Civil Court of the City of New York, New York County.

April 17, 1984

Attorney(s) appearing for the Case

Finkelstein, Borah, Schwartz, Altschuler & Goldstein (Howard Sherman of counsel), for petitioner. Michael A. Schwartz for respondents.

RICHARD S. LANE, J.

The Omnibus Housing Act (L 1983, ch 403) contains an amended section 226-b of the Real Property Law which drastically curtails, indeed effectively abrogates, the right to assign a lease without the landlord's consent. Retroactivity is unambiguously written into the new section 226-b. But how far does that retroactivity reach? Does it reach an assignment without consent but valid as a matter of law under the previous section 226-b and...

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