Stahl Associates Co. v. Darland

New York Supreme Court

Stahl Associates Co. v. Darland

130 Misc. 2d 356, 498 N.Y.S.2d 243, 1985 N.Y. Misc. LEXIS 3203

DecidedJuly 26, 1985

StatusPublished

This text of 130 Misc. 2d 356 (Stahl Associates Co. v. Darland) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Stahl Associates Co. v. Darland, 130 Misc. 2d 356, 498 N.Y.S.2d 243, 1985 N.Y. Misc. LEXIS 3203 (N.Y. Super. Ct. 1985).

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Opinion

OPINION OF THE COURT

Per Curiam.

Order dated May 30, 1984 modified to the extent that on reargument, petitioner’s motion for summary judgment is granted; as modified, order affirmed, with $10 costs to the appellant.

Appeal from order entered April 17, 1984 dismissed, without costs, as moot.

Real Property Law § 226-b (1), as amended, effective June 30, 1983, provides: "Unless a greater right to assign is conferred by the lease, a tenant renting a residence may not assign his lease without the written consent of the owner, [357]*357which consent may be unconditionally withheld without cause provided that the owner shall release the tenant from the lease * * * if the owner unreasonably withholds consent which release shall be the sole remedy of the tenant.” Tenant’s lease did not confer a greater right to assign than that given in the statute. Accordingly, the amended section 226-b is controlling, albeit the operative facts occurred prior to June 30, 1983 (Vance v Century Apts. Assoc., 61 NY2d 716; Blum v West End Assoc., 64 NY2d 939), and is to be applied in actions pending on June 30, 1983 and actions commenced after that date (Levai v Alcoma Corp., 106 AD2d 292). Since tenant’s last lease has expired, landlord is entitled to a possessory judgment against the assigning tenant and the assignee in possession.

Hughes, J. P., Riccobono and Sandifer, JJ., concur.

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OPINION OF THE COURT

Per Curiam.

Order dated May 30, 1984 modified to the extent that on reargument, petitioner’s motion for summary judgment is granted; as modified, order affirmed, with $10 costs to the appellant.

Appeal from order entered April 17, 1984 dismissed, without costs, as moot.

Real Property Law § 226-b (1), as amended, effective June 30, 1983, provides: "Unless a greater right to assign is conferred by the lease, a tenant renting a residence may not assign his lease without the written consent of the owner, [357]*357which consent may be unconditionally withheld without cause provided that the owner shall release the tenant from the lease * * * if the owner unreasonably withholds consent which release shall be the sole remedy of the tenant.” Tenant’s lease did not confer a greater right to assign than that given in the statute. Accordingly, the amended section 226-b is controlling, albeit the operative facts occurred prior to June 30, 1983 (Vance v Century Apts. Assoc., 61 NY2d 716; Blum v West End Assoc., 64 NY2d 939), and is to be applied in actions pending on June 30, 1983 and actions commenced after that date (Levai v Alcoma Corp., 106 AD2d 292). Since tenant’s last lease has expired, landlord is entitled to a possessory judgment against the assigning tenant and the assignee in possession.

Hughes, J. P., Riccobono and Sandifer, JJ., concur.

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Bluebook (online)

130 Misc. 2d 356, 498 N.Y.S.2d 243, 1985 N.Y. Misc. LEXIS 3203, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stahl-associates-co-v-darland-nysupct-1985.

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