Lexann Realty Co. v. Deitchman

Silverman, J., concurs in a memorandum as follows:

In this case the lease provided that the landlord’s consent to sublet should not be unreasonably withheld. I believe that even in the absence of statute, under such a lease, if the landlord withholds his consent unreasonably, the tenant may sublet. *541Section 226-b of the Real Property Law was not intended to take away any rights of the tenant. [107 Misc 2d 74.]