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FORTY FOUR EIGHTEEN JOINT VENTURE v. RARE MEDIUM, INC.

18 A.D.3d 237 (2005)

794 N.Y.S.2d 356

FORTY FOUR EIGHTEEN JOINT VENTURE, Respondent, v. RARE MEDIUM, INC., Appellant.

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

May 5, 2005.

The parties' lease states that landlord shall not unreasonably withhold consent to an assignment "provided that . . . Tenant shall not be in default in the performance of any of its obligations under this lease." The motion court correctly held that such provision unambiguously entitled landlord to withhold consent to an assignment at a time when tenant's rent was in arrears, and that there is no merit to tenant's interpretation...

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