Franklin Gordon Bynum wrote: > I actually think that in a nonresidential lease that they are required > by applicable law to act "reasonably" in regard to assignment. That is > the majority rule. I don't think this is a problem. > > Frank > In New York, the law for commercial leases is that a requirement for the landlord's permission implicitly means that it may be arbitrarily withheld unless the lease says otherwise. I don't remember if this is the majority rule but the contract's choice of law term says New York law applies, and NY law is very landlord-friendly.
But this point is irrelevant because the contract is not a lease so much as a service contract, and even if part of it is a lease, cabinet space is certainly not real property, so such rules are irrelevant. I think this is definitely something to worry about, especially considering in the constructing the contract, there is a "unreasonably withheld" provision for reselling but NOT for assignment. -ntk _______________________________________________ HCoop-Discuss mailing list [email protected] http://hcoop.net/cgi-bin/mailman/listinfo/hcoop-discuss
