Ordered that the order is affirmed, with costs.
The defendant failed to meet its prima facie burden of demonstrating its entitlement to judgment as a matter of law. Contrary to the defendant's contention, the obligations of the plaintiff under the commercial lease were not illusory. It is well settled that "in every contract there exists an implied covenant of good faith and fair dealing" (Kirke La Shelle Co. v Armstrong Co., 263 N.Y. 79, 87 [1933]; see...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.