Holtermann v. Wenzel

Once a.lessor dispenses with the condition against assignment, that condition is gone forever. Murray v. Harway, 56 N. Y. 337 . Plaintiff’s consent without qualification to the assignment from the lessee to defendant, therefore, dispensed with and virtually extinguished the condition, against future assignment. Accordingly defendant, being_ free to assign, 'by his transfer to Kain and quitting the premises with plaintiff’s knowledge, followed by plaintiff’s taking Kain’s payments of rent, terminated defendant’s privity of estate. Having never himself entered into any covenant to pay rent, defendant’s liability ceased when he thus, assigned the lease and went out of possession. Dassori v. Zarek, 71 App. Div. 538 , 75 N. Y. Supp. 841 . The judgment of the County Court of Kings county is therefore reversed, with costs to defendant, and under Code Civ. Proc. §§ 1317 and 1345, this court hereby renders judgment for defendant against plaintiff, with costs.