Guardia v. 250 West Street Corp.

Full title: ROBERT GUARDIA, Doing Business as PRINTING PRODUCTS, Appellant, v. 250…

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

Date published: Jun 2, 1994

205 A.D.2d 306 (N.Y. App. Div. 1994)

613 N.Y.S.2d 10

Opinion

June 2, 1994

Appeal from the Supreme Court, New York County (Burton Sherman, J.).

In view of the lease provisions prohibiting the tenant from assigning the lease without the landlord's written consent and precluding a finding of the landlord's waiver of such requirement on the basis of its acceptance of rent with knowledge of a violation, we agree with the IAS Court that the purported assignment of the lease by original plaintiff Guardia to his wholly-owned corporation, substituted plaintiff Ren-Cris Litho, Inc., was not valid (see, Jefpaul Garage Corp. v. Presbyterian Hosp., 61 N.Y.2d 442), and, there thus being no landlord-tenant relationship between Ren-Cris Litho and defendant, the action was properly dismissed.

Concur — Carro, J.P., Wallach, Ross, Rubin and Tom, JJ.