Opinion
March 27, 1989
Appeal from the Supreme Court, Westchester County (Buell, J.).
Ordered that the order is affirmed, with costs.
Recognizing the need to protect a landlord's substantial interest in controlling the assignability of leases, it is the well-established law of this State that in the absence of a clause prohibiting the unreasonable withholding of consent, a landlord may refuse to consent to the assignment of a lease which contains an express restriction against assignment without the landlord's consent (see, Mann Theatres Corp. v. Mid-Island Shopping Plaza Co., 62 N.Y.2d 930, affg 94 A.D.2d 466, 470-471; Dress Shirt Sales v. Hotel Martinique Assocs., 12 N.Y.2d 339). The lease between the parties herein restricts assignment without the landlord's prior consent and has no clause requiring that consent not be unreasonably withheld. Thus, as a matter of law, the defendants may refuse their consent to the proposed assignment.
We have reviewed the plaintiffs' remaining contentions and find them to be without merit. Lawrence, J.P., Rubin, Eiber and Balletta, JJ., concur.