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Vance v. Century Apartments Associates

460 N.E.2d 1096, 61 N.Y.2d 716, 472 N.Y.S.2d 611, 1984 N.Y. LEXIS 4019
CourtNew York Court of Appeals
DecidedJanuary 12, 1984
StatusPublished
Cited by25 cases

This text of 460 N.E.2d 1096 (Vance v. Century Apartments Associates) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Vance v. Century Apartments Associates, 460 N.E.2d 1096, 61 N.Y.2d 716, 472 N.Y.S.2d 611, 1984 N.Y. LEXIS 4019 (N.Y. 1984).

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs, and the certified question answered in the affirmative.

Under the provisions of the new section 226-b of the Real Property Law, whose provisions are expressly applicable to *718 all pending actions and proceedings, release from the lease is the sole remedy of a tenant where the landlord has unreasonably withheld consent to the tenant’s request to assign the lease. Without deciding the reasonableness of the defendants landlords’ refusal to consent to the attempted assignment, we note that plaintiffs tenants have accepted defendants’ offer to be released from the lease and, therefore, they have received all the relief the Real Property Law provides.

We have considered plaintiffs’ other claims and find them to be without merit.

Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer, Simons and Kaye concur in memorandum.

Order affirmed, etc.

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Bluebook (online)
460 N.E.2d 1096, 61 N.Y.2d 716, 472 N.Y.S.2d 611, 1984 N.Y. LEXIS 4019, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vance-v-century-apartments-associates-ny-1984.