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F & D BAGEL CORP. v. WALD REALTY, INC.

41 A.D.3d 778 (2007)

839 N.Y.S.2d 530

F & D BAGEL CORP., Doing Business as BERNIE'S BAGELS, Appellant, v. WALD REALTY, INC., Respondent.

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

Decided June 26, 2007.

Ordered that the judgment is affirmed, with costs.

The plaintiff entered into a lease with the defendant landowner to rent property upon which the plaintiff operated a bagel and delicatessen shop. The plaintiff decided to sell its business and requested the defendant's consent to an assignment of the lease agreement. Pursuant to the terms of the lease, such consent was "not to be unreasonably withheld." The defendant refused...

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