Commercial Landlord-Tenant—Prospective Assignee Lacked Standing to Sue Landlord—Allegations That Landlord Unreasonably Refused to Consent to Assignment—Landlord Cited the Prospective Assignee’s Lack of Relevant Experience
The plaintiff, a prospective assignee of a lease for a car wash property (lease), had commenced an action for a declaratory judgment. The defendant landlord moved to dismiss the complaint pursuant to CPLR 3211(a)(1), (a) (3) and/or (a) (7) and to vacate a lis pendens which had been filed by the plaintiff. The landlord, alternatively, sought an order requiring the plaintiff to post an undertaking.
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