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, Pecht assigned the lease to Moskowitz with Gerber’s consent, provided that both Moskowitz and Pecht 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 Gerber’s written consent, but without Pecht’s consent. The Christensens later defaulted and vacated the property. Gerber brought suit against Pecht and the assignees for damages. The Law Division of the Superior Court granted summary judgment in Gerber’s favor. Pecht appealed.