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Landlord & Tenant Law

By New York Real Estate Law Reporter Staff
May 01, 2024

Occupation of Premises Does Not Establish Assignment By Operation of Law

Innerworkings, Inc. v. Arik Eshel CPA & Assoc. P.C. 2024 WL 781688, AppDiv, First Dept. (memorandum opinion)

In tenant's action against subtenant, subtenant's principal, and alleged assignees of the sublease, all parties appealed from Supreme Court's denial of their respective summary judgment motions. The Appellate Division modified to dismiss all of tenant's claims against the individual defendants and in particular to dismiss the claims against the alleged corporate assignees, holding that the alleged assignment did not satisfy the statute of frauds.

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