200 EIGHTH AVENUE RESTAURANT CORP. v. DAYTONA HOLDING CORP.


293 A.D.2d 353 (2002)

740 N.Y.S.2d 330

200 EIGHTH AVENUE RESTAURANT CORP. et al., Appellants, and PISELLO, INC., et al., Respondents, v. DAYTONA HOLDING CORP., Respondent.

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

Decided April 18, 2002.


The declaration in defendant's favor was proper. Plaintiff-appellant Restaurant Corp., as a proposed assignee of the lease between defendant landlord and plaintiffs-respondents, was not in contractual privity with defendant, and thus was without recourse under the lease for defendant landlord's alleged wrongful withholding of consent to the proposed assignment. In any event, defendant's refusal to consent to the assignment was reasonable and therefore in accordance with the...

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