Bergen & Smith Holding Corp. v. Ryan

Order denying defendants’ motion for judgment on the pleadings reversed upon the law, with ten dollars costs and disbursements, and motion granted, with ten dollars costs. We are of opinion that the obligation upon the purchaser or her assignee to secure the landlord’s consent to the assignment of the lease is a condition prerequisite to the assignment. Lazansky, P. J., Young, Kapper, Seeger and Carswell, JJ., concur.