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THEATRE ROW v. NATL. REC.

291 A.D.2d 172 (2002)

739 N.Y.S.2d 671

THEATRE ROW PHASE II ASSOCIATES, Respondent, v. NATIONAL RECORDING STUDIOS, INC., Appellant.

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

March 14, 2002.

Attorney(s) appearing for the Case

David C. Burger of counsel (Robinson, Brog, Leinwand Greene, Genovese & Gluck, P.C., attorneys), for respondent.

Thomas R. Newman of counsel (Luce, Forward, Hamilton & Scripps, LLP, and M. David Baker, attorneys), for appellant.

WALLACH and FRIEDMAN, JJ., concur with SAXE, J.; ANDRIAS, J.P., and LERNER, J., dissent in part in a separate opinion by LERNER, J.

OPINION OF THE COURT

SAXE, J.

Defendant National Recording Studios (National) leased premises on West 42nd Street in Times Square in 1979, in which it operates a video and audio complex and rents studio time, space and services to production companies and related entities. National's lease specifically prohibits subleases without the written consent of the landlord. Plaintiff Theatre Row Phase II Associates (TRA) assumed all rights as landlord under the...

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