STUART v. D & D ASSOCS.


160 A.D.2d 547 (1990)

John Stuart, a Division of Robert Allen Fabrics of N. Y., Inc., Respondent, v. D & D Associates, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

April 19, 1990


The lease between the tenant and defendant landlord permitted an assignment in the event of a sale of all the assets of the tenant's business, provided the business continued as a going concern conducting substantially the same operation. The tenant sold its assets to plaintiff, but defendant, contending that the tenant had assigned less than all of its assets and that the business was not being conducted in substantially the same manner, served a notice to cure. Plaintiff...

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