In addition, the agreement provides that Terry may assign or sublease the premises only with Leary's express written consent, and that Leary may withhold consent for any reason whatsoever. The agreement says nothing about repairs, alteration, or maintenance. The winter after Terry moves in is the wettest in recent memory. Terry complains to Leary, but Leary maintains that the problem is not his responsibility. Terry then proposes to transfer the property to Twila, but Leary refuses to approve the transfer or to give a reason for the refusal.
Terry stops paying rent.
Leary has come to your lawfirm for advice. Leary tells you that if steps are not taken soon there may be permanent damage from the mudslide. You are a law clerk to a justice of the highest court in your state. The judge has given you the option of preparing a memorandum on ONE of the two cases set forth below. 1 A case has arisen in New York with facts identical in all material respects except for the dates to that of Van Valkenburgh v. Lutz .