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TRUSCHINGER v. PAK

No. CA-5496.

503 So.2d 208 (1987)

Hanina TRUSCHINGER v. Helen Pak, Buddy PAK, Mary Tsai, Mark Tsai and Mitchell Serio.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied March 19, 1987.

Writ Granted May 29, 1987.

Attorney(s) appearing for the Case

R. Louis Carruth, New Orleans, for defendant-appellant.

Gary R. West, New Orleans, for plaintiff-appellee.

Before KLEES, WARD and WILLIAMS, JJ.

WILLIAMS, Judge.

This is an appeal by defendant Mitchell Serio from a decision of the trial court finding him liable to plaintiff Barbara Truschinger for $80,000.00 in damages for his refusal to consent to a sublease.

Defendant Serio owns 140 Carondelet Street in New Orleans. He leased the premises to Kenneth Upton individually and as president of Flame-N-Burger, Inc. The lease provided:

Lessee is not permitted to rent or sublet or grant use or possession...

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