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Property Keyed to Saxer
Gerber v. Pecht
Facts
Pecht (Defendant) leased property from Gerber’s (Plaintiff’s) predecessor in interest for a five-year term. The lease agreement prohibited assignment of the lease without the written consent of the landlord. On November 9, 1948, Defendant assigned the lease to Moskowitz with Plaintiff’s consent, provided that both Moskowitz and Defendant remained liable for the balance of the term. On February 14, 1950, Moskowitz assigned the lease to Maria and Wilfred Christensen. Moskowitz made the assignment with Plaintiff’s written consent, but without Defendant’s consent. The Christensens later defaulted and vacated the property. Plaintiff sued Defendant and the assignees for damages. The Law Division of the Superior Court granted summary judgment in Plaintiff’s favor. Defendant appealed.
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