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KAPIOLANI COMMERCIAL CTR. v. A & S PARTNERSHIP

No. 10708.

723 P.2d 181 (1986)

KAPIOLANI COMMERCIAL CENTER, a Hawaii limited partnership, Plaintiff-Appellant/Cross-Appellee, v. A & S PARTNERSHIP, a Hawaii limited partnership, and Alioto Fish Company, Ltd., a California corporation, Defendants-Appellees/Cross-Appellants, and Frank Alioto and Nunzio Alioto, Defendants-Appellees/Cross-Appellees. A & S PARTNERSHIP, a Hawaii limited partnership, Third-Party Plaintiff-Appellee/Cross-Appellant, v. Ernest SCHWARTZ, Third-Party Defendant-Appellant/Cross-Appellee, and John Does 1-10, Doe Corporations 1-10, and Doe Partnerships 1-10, Third-Party Defendants.

Supreme Court of Hawaii.

August 1, 1986.

Attorney(s) appearing for the Case

William F. Quinn (Lisa Woods Munger, Bruce L. Lamon, with him on briefs; Goodsill Anderson Quinn & Stifel, of counsel), Honolulu, for Kapiolani Commercial Center and Ernest Schwartz.

Renton L.K. Nip (John B. Shimizu, with him on briefs; Foley, Maehara, Judge, Choi, Nip & Okamura, of counsel), Honolulu, for A & S Partnership and Alioto Fish Co.

Before LUM, C.J., and NAKAMURA, PADGETT, HAYASHI and WAKATSUKI, JJ.

PADGETT, Justice.

Both sides appeal from a judgment entered upon a special verdict returned by a jury.

By a lease dated March 9, 1977, appellant Kapiolani Commercial Center, a Hawaii limited partnership, leased certain premises at 1580 Makaloa Street, Honolulu, Hawaii, to A & S Partnership, a Hawaii limited partnership, for operation as a restaurant.

The lease provided:

27. ASSIGNMENT AND SUBLETTING. Tenant shall not assign this...

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