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406 BROOME ST. REST INC. v. LAFAYETTE CTR., LLC

3793, 650358/08.

149 A.D.3d 598 (2017)

2017 NY Slip Op 03072

50 N.Y.S.3d 289

406 BROOME ST. REST INC., Respondent, v. LAFAYETTE CENTER, LLC, Appellant.

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

Decided April 20, 2017.

A fair interpretation of the evidence supports the trial court's conclusion that defendant violated the terms of the parties' lease by unreasonably withholding consent to plaintiff's proposed assignment of the leased space to a third party (see Garza v 508 W. 112th St., Inc., 71 A.D.3d 567 [1st Dept 2010]). The court appropriately determined that the measure of plaintiff's damages due to defendant's withholding of consent was the...

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