[HCoop-Discuss] more crap

[Nathan Kennedy]

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