Zip Foods v. Bertha Schweller

The Trial Justice was correct in the determination that on this record the defendant violated her covenant in unreasonably withholding her consent to the assignment of the lease, but that the corporation alone has the right to maintain the action. (See Lyons Holding Corp. v. Home Title Ins. Co., 250 App. Div. 640; Evangelista v. Longo, 13 A.D.2d 835.) And, the tenant corporation, signatory to the lease, may attempt to prove damages. (Arlu Assoc. v. Rosner, 14 A.D.2d 272, affd. 12 N.Y.2d 693; 601 West 26 Corp. v. Wiley & Sons, 32 A.D.2d 522.) However, this record is less than satisfactory in respect of damages as suffered by the plaintiff corporation, and for that reason the matter is remanded for further and adequate proof.