SILVERSMITH & VERAJA

Decisions

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ATTEMPTED ORAL ASSIGNMENT OF COMMERCIAL LEASE BY TENANT WITHOUT LANDLORD’S CONSENT IS INVALID.

Case: Levy Family Limited Partnership, LP v. Brandon Carney

Citation: Civil Court , New York County, 28 Misc. 3d 1203 A, 2010 NYS Misc. Lexis 2798; 2010 NY Slip Op 51137U; 244 NYLJ 1 (Civil, NY 2010)

Attorney: Robert Silversmith

The tenant alleged he was no longer in possession, having surrendered or assigned his lease to another tenant by oral agreement. As such, the tenant alleged this court was without jurisdiction, since he was no longer in possession. The Landlord had not consented to the assignment. The Court found the assignment to be invalid and the tenant liable for the rents.