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LENOX HILL HOSPITAL v. 305/72 OWNERS CORP.

6281, 601901/09, 305/72

90 A.D.3d 470 (2011)

933 N.Y.S.2d 866

2011 NY Slip Op 8836

LENOX HILL HOSPITAL, Respondent, v. 305/72 OWNERS CORP., Appellant.

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

Decided December 8, 2011.

The proprietary lease at issue requires consent to sublet units and authorizes the imposition of conditions on the granting of such consent. Plaintiff hospital, proprietary lessee in a building owned by defendant, is subject to the same subletting rules applicable to other shareholders (see Spiegel v 1065 Park Ave. Corp., 305 A.D.2d 204, 205 [2003]). Thus, the part of the second cause of action that seeks a declaration that defendant...

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