Landlord Can't Evict Tenant Who Assigned Lease

Landlord sued to evict Orange County tenant because tenant violated lease restriction against assignment. The trial court ruled for landlord and tenant appealed. The appeals court reversed and ruled for tenant. Even if tenant's lease contained an assignment restriction, landlord wasn't entitled to recover possession as a remedy. The lease didn't contain a clause permitting landlord to terminate the lease for breach of a restriction.

Lake Anne Realty Corp. v. Goldberg: NYLJ, p. 30, col. 4 (3/27/95) (App. T. 2 Dept.; DiPaola, PJ, Stark, Ingrassia, JJ)