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eBook details

• Title: Dress Shirt Sales v. Hotel Martinique Associates Et Al.
• Author : Court of Appeals of New York
• Release Date : January 28, 1963
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 66 KB

Description

Plaintiffs were the lessees of space in defendants' hotel under a lease prohibiting subletting without defendant lessors' written consent. The lease, executed in 1955, was for a term of 10 years with a rental of $10,000 per year for the first five and $12,000 per year for the last five. In 1959 plaintiffs vacated but continued to pay rent. Then and at all times thereafter defendants assured plaintiffs of their willingness to allow a subletting and plaintiffs displayed a ""for rent"" sign on the premises with defendants' consent. Three months later one Bencini approached plaintiffs with a desire to rent the premises. While defendants at first orally stated there ""would be no problem"", they thereafter refused to consent to the proposed sublease because the inexpensive sandwich-type restaurant contemplated by Bencini (and, for that matter, any restaurant) was not what defendants wanted in their hotel. At the same time defendants proposed a cancellation of the lease for $75,000. Defendants' representations were false in that defendants then intended to and did thereafter negotiate with Bencini to lease the same space for the same type of restaurant. Five months later plaintiffs again tried to persuade defendants to consent to the Bencini proposition and defendants again refused for the same reasons. It is alleged that, as a result of defendants' refusal and in reliance on the truthfulness of their representation that the restaurant was not wanted, plaintiffs agreed on October

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