New York Court of Appeals

Dress Shirt Sales, Inc., Appellants v. Hotel Martinique Associates, Respondents, Defendant

March 28, 196312 N.Y.2d 339

Summary

The New York Court of Appeals affirmed the summary judgment, holding that the lease gave the landlord an unrestricted right to refuse sublease consent and that the plaintiffs failed to demonstrate recoverable damages from the alleged fraud. Chief Judge Desmond concurred, emphasizing the lack of a fraud cause of action.