that defendant in accordance with New York law, consent to
plaintiff’s request to assign the lease, rather than sublet the
lease to new occupants. (Plaintiff’s exhibit 4.) Tytler responded
in a July 7, 2014 email at 12:37 p.m.: ‘‘We do not allow residents
to assign the lease after the lease has begun. . . . After the
start of the lease, we only allow leaseholders to sublet the
apartment.’’ (Plaintiff’s exhibit 4.)
On July 7, 2014, plaintiff mailed a certified letter to Ms.
Tytler reiterating her request that defendant consent to an as-
signment of the lease, and plaintiff expressly cited Real
Property Law § 226-b (1). (Plaintiff ’s exhibit 3.) Tytler
responded that defendant would not consent to an assignment,
and would only consent to a sublet agreement. (Plaintiff ’s
exhibit 4.)
BEAN v MORGAN GUN HILL, LLC [51 Misc 3d 386] 389
On July 8, 2014 at 11:08 a.m., plaintiff Bean emailed Tytler
and wrote,
‘‘[Y]ou have previously and unreasonably withheld
from me the required consent of an assignment and
continue to do so. I stand by my right to request
that I be released from my current lease . . . I will
be sending payment of July’s rent/my final rent
payment today . . . I also expect to be receiving
my security deposit back as I believe you have no
grounds on keeping it.’’ (Plaintiff’s exhibit 4.)
Tytler replied by email on July 9, 2014 at 7:44 a.m. and
explained, ‘‘We cannot release you from the lease.’’ (Plaintiff’s
exhibit 4.)
On August 9, 2014, plaintiff’s former roommate, Ms. Tabitha
Green, Harsh Patel, and Kenneth Pu entered into a ‘‘Sublease
Agreement,’’ with the consent of defendant, whereby Patel and
Pu agreed to pay the monthly rent from August 1, 2014 through
December 31, 2014. (Defendant’s exhibit D.) The parties