OPTICAL EXCHANGE OF 35TH STREET, INC. v. HONG


292 A.D.2d 218 (2002)

738 N.Y.S.2d 565

OPTICAL EXCHANGE OF 35TH STREET, INC., Appellant, v. SOUNG E. HONG et al., Respondents.

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

Decided March 12, 2002.


The motion court properly found that plaintiff tenant was in violation of its commercial lease with defendant owners by reason of its assignment of the lease in violation of the clause therein relating to subletting or assignment. Contrary to plaintiff's argument, the assignment at issue did not meet the lease criteria for dispensing with defendant landlords' consent to assignment. Such consent to assignment admittedly not having been obtained by plaintiff, plaintiff's breach...

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