Gerber v. Pecht

Pecht (defendant) leased property from Gerber's (plaintiff's) predecessor and, with the landlord's consent, assigned the lease to Moskowitz on the condition both Pecht and Moskowitz remained liable for the balance of the term; Moskowitz later assigned the lease to the Christensens with Gerber's written consent but without Pecht's consent, and the Christensens eventually defaulted and vacated. Gerber sued Pecht along with the assignees for damages, obtained summary judgment, and Pecht appealed.