406 Broome St Rest Inc. v. Lafayette Center, LLC

2017 NY Slip Op 3072, 149 A.D.3d 598, 50 N.Y.S.3d 289

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: April 20, 2017
• Docket: 3793 650358/08
• Status: Published

Opinion

Judgment, Supreme Court, New York County (Arthur F. Engoron, J.), entered March 1, 2016, after a nonjury trial, awarding plaintiff the principal sum of $900,000, unanimously affirmed, with costs.

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 AD3d 567 [1st Dept 2010]). The court appropriately determined that the measure of plaintiff’s damages due to defendant’s withholding of consent was the $900,000 that the potential assignee had offered as key money (see e.g. Giordano v Miller, 288 AD2d 181 [2d Dept 2001]).

We have considered defendant’s remaining arguments and find them unavailing.

Concur — Mazzarelli, J.R, Manzanet-Daniels, Gische and Kahn, JJ.