The parties dispute whether plaintiff tenant's 2006 assignment of shares to a third-party investor violated the lease by transferring 50% or more of its holdings without defendant landlord's prior consent. Plaintiff demonstrated its prima facie entitlement to summary judgment; both its investor's affidavit and the shareholders agreement established that less than a 50% share of ownership in plaintiff had been transferred. The burden then shifted to defendant to offer admissible...
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