Decided: January 21, 1954.
WILLIAM BERLAND REALTY CO., ET AL., PLAINTIFFS-APPELLANTS, AND CROSS-RESPONDENTS,
HAHNE & CO., ET AL., DEFENDANTS-RESPONDENTS, AND CROSS-APPELLANTS
Jayne, Francis and Clapp.
[29 NJSuper Page 317]
The judgment with the following modification is affirmed for the reasons expressed by Judge Speakman whose opinion is reported at 26 N.J. Super. 477 (Ch. Div. 1953). Our review guides us to the conclusion that the extraordinary relief granted by paragraph No. 3 of the judgment wherein the defendants, their respective officers, agents and attorneys are permanently restrained and enjoined from assigning the tenant's interest or any part thereof under the lease, and from subletting the whole or any part of the demised premises during the term of the lease, or any renewal thereof, without the written consent of the plaintiff William Berland Realty Co., or its successors and assigns, was unwarranted by the existing state of the evidence. In that respect only the judgment is reversed and in all other respects it is affirmed. No costs.