Opinion
10903 Index 150739/17
01-28-2020
WG THREE ASSOCIATES, LLC, Plaintiff–Appellant, v. PORTOFINO CHELSEA, LLC, et al., Defendants–Respondents.
Gordon & Gordon, P.C., Brooklyn (Jason S. Matuskiewicz of counsel), for appellant. Norman A. Olch, New York, for respondents.
Gordon & Gordon, P.C., Brooklyn (Jason S. Matuskiewicz of counsel), for appellant.
Norman A. Olch, New York, for respondents.
Friedman, J.P., Webber, Kern, González, JJ.
Appeal from order, Supreme Court, New York County (Andrew Borrok, J.), entered on or about August 10, 2018, after a nonjury trial, deemed appeal from judgment, same court and Justice, entered August 17, 2018, in defendant's favor, and, so considered, said judgment unanimously affirmed, without costs.
The trial court's determination that plaintiff landlord unreasonably withheld its consent to defendant tenant's proposed assignment of the lease is supported by the evidence that plaintiff offered to lease the premises directly to the proposed assignee at a higher rent. Plaintiff also failed to present evidence substantiating its claim that it rejected the assignment because the proposed assignee was not financially capable of assuming the lease (see New Stadium LLC v. Greenpoint–Goldman Corp., 44 A.D.3d 449, 843 N.Y.S.2d 290 [1st Dept. 2007] ).
Contrary to plaintiff's contention, defendants are entitled to damages for the amounts paid after plaintiff unreasonably withheld its consent to the assignment (see Arlu Assoc. v. Rosner, 14 A.D.2d 272, 275, 220 N.Y.S.2d 288 [1st Dept. 1961], affd 12 N.Y.2d 693, 233 N.Y.S.2d 477, 185 N.E.2d 913 [1962] ; see also 406 Broome St. Rest Inc. v. Lafayette Ctr., LLC, 149 A.D.3d 598, 50 N.Y.S.3d 289 [1st Dept. 2017] ).
We have considered plaintiff's remaining contentions and find them unavailing.