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TUCSON MEDICAL CENTER v. ZOSLOW

No. 2 CA-CIV 5464.

147 Ariz. 612 (1985)

712 P.2d 459

TUCSON MEDICAL CENTER, an Arizona corporation, Plaintiff/Appellant, v. Stanley H. ZOSLOW, M.D., and William Adelman, R.P.T., Defendants/Appellees.

Court of Appeals of Arizona, Division 2, Department A.

November 21, 1985.

Attorney(s) appearing for the Case

Jones, Dickerman, Nuckolls, Edwards & Smith, P.C. by Lyle D. Aldridge, Tucson, for plaintiff/appellant.

Norris L. Ganson, Tucson, for defendant/appellee Zoslow.

Whitehill, Berger & West, P.C. by David D. West, Tucson, for defendant/appellee Adelman.

OPINION

HOWARD, Judge.

This is an appeal from a judgment in favor of the defendants which affirmed Dr. Zoslow's right to assign his lease to William Adelman, a registered physical therapist. The main issue is: when a lease requires written consent prior to assignment or subleasing, but does not contain any language limiting the withholding of that consent, may such consent be arbitrarily or unreasonably withheld? We hold that it cannot and affirm.

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