Opinion
04-20-2017
406 BROOME ST REST INC., Plaintiff–Respondent, v. LAFAYETTE CENTER, LLC, Defendant–Appellant.
Nixon Peabody LLP, New York (Adam B. Gilbert of counsel), for appellant. The Stolper Group, LLP, New York (Michael T. Stolper of counsel), for respondent.
Nixon Peabody LLP, New York (Adam B. Gilbert of counsel), for appellant.
The Stolper Group, LLP, New York (Michael T. Stolper of counsel), for respondent.
Judgment, Supreme Court, New York County (Arthur F. Engoron, J.), entered March 1, 2016, after a nonjury trial, awarding plaintiff the principal sum of $900,000, unanimously affirmed, with costs.
A fair interpretation of the evidence supports the trial court's conclusion that defendant violated the terms of the parties' lease by unreasonably withholding consent to plaintiff's proposed assignment of the leased space to a third party (see Garza v. 508 W. 112th St., Inc., 71 A.D.3d 567, 899 N.Y.S.2d 150 [1st Dept.2010] ). The court appropriately determined that the measure of plaintiff's damages due to defendant's withholding of consent was the $900,000 that the potential assignee had offered as key money (see e.g. Giordano v. Miller, 288 A.D.2d 181, 733 N.Y.S.2d 94 [2d Dept.2001] ).
We have considered defendant's remaining arguments and find them unavailing.
MAZZARELLI, J.P., MANZANET–DANIELS, GISCHE, KAHN, JJ., concur.