BEAUTY PLUS STORES, II, INC. v. 404 6TH AVENUE REALTY CORP.


70 A.D.3d 604 (2010)

895 N.Y.S.2d 403

BEAUTY PLUS STORES, II, INC., Appellant, v. 404 6TH AVENUE REALTY CORP., Respondent.

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

Decided February 25, 2010.


Defendant was within its rights under the lease to refuse its consent to a proposed sublease with an entity engaged in the business of selling cell phones and related products, where the parties' prime lease limits use of the premises to "beauty supplies and related sales." "A landlord has a legal right to control the uses to which his building may be put by appropriate lease provisions, which to be effective must be enforced" (Qwakazi, Ltd. v 107 W. 86th St. Owners Corp...

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