BUDOW SALES CORP. v. G. HOLDINGS CORP.

9116, 650433/13.

171 A.D.3d 655 (2019)

99 N.Y.S.3d 334

2019 NY Slip Op 03276

Budow Sales Corp. et al., Appellants, v. G. Holdings Corp. et al., Defendants, and Eli Dahan et al., Respondents.

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

Decided April 30, 2019.


Contrary to plaintiffs' contentions, their cause of action for breach of contract was properly dismissed against Dahan. The evidence in the record establishes that there was no sub-sublease between them and Dahan, whose company had entered into a written sublease with defendant Acrex, Inc. USA expressly giving the company "no right" to further sublease the premises without the written consent of Acrex. Only Acrex had the authority to waive this contractual provision (see...

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