POUGHKEEPSIE SAV. BANK, FSB v. G.M.S.Y. ASSOCS.


238 A.D.2d 327 (1997)

656 N.Y.S.2d 917

Poughkeepsie Savings Bank, FSB, et al., Appellants, v. G.M.S.Y. Associates, Respondent

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

April 7, 1997


Ordered that the order is affirmed insofar as appealed from, with costs, and the matter is remitted to the Supreme Court, Nassau County, for entry of an appropriate judgment declaring that the plaintiffs may not assign the lease in question without the consent of the defendant, unless the assignment is to a partnership or corporation of which the plaintiffs are the principal owners.

In interpreting the provisions of a lease, the court should refrain from rewriting...

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