Opinion
July 26, 1985
Appeal from the Civil Court of the City of New York, New York County, Richard S. Lane, J.
Finkelstein, Borah, Schwartz, Altschuler Goldstein, P.C. (Howard Sherman of counsel), for appellant.
Michael A. Schwartz, P.C. (Jason Deutschmeister of counsel), for respondents.
Order dated May 30, 1984 modified to the extent that on reargument, petitioner's motion for summary judgment is granted; as modified, order affirmed, with $10 costs to the appellant.
Appeal from order entered April 17, 1984 dismissed, without costs, as moot.
Real Property Law § 226-b (1), as amended, effective June 30, 1983, provides: "Unless a greater right to assign is conferred by the lease, a tenant renting a residence may not assign his lease without the written consent of the owner, which consent may be unconditionally withheld without cause provided that the owner shall release the tenant from the lease * * * if the owner unreasonably withholds consent which release shall be the sole remedy of the tenant." Tenant's lease did not confer a greater right to assign than that given in the statute. Accordingly, the amended section 226-b is controlling, albeit the operative facts occurred prior to June 30, 1983 (Vance v Century Apts. Assoc., 61 N.Y.2d 716; Blum v West End Assoc., 64 N.Y.2d 939), and is to be applied in actions pending on June 30, 1983 and actions commenced after that date (Levai v Alcoma Corp., 106 A.D.2d 292). Since tenant's last lease has expired, landlord is entitled to a possessory judgment against the assigning tenant and the assignee in possession.
HUGHES, J.P., RICCOBONO and SANDIFER, JJ., concur.