EAST BEST FOOD CORP. v. NY 46TH LLC


56 A.D.3d 302 (2008)

867 N.Y.S.2d 77

EAST BEST FOOD CORP., Respondent, v. NY 46TH LLC, Appellant.

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

November 6, 2008.


In 2003, plaintiff and defendant's predecessor in interest entered into a lease for a store and basement premises for the purpose of running a "gourmet" food business. Article 12 (A) prohibited plaintiff from assigning or subletting the lease without defendant's prior consent. However, article 12 (C) allowed plaintiff to assign the lease to a successor, purchaser or related corporate entity, provided, among other things, that the corporate transaction was not undertaken for...

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