C & E 608 FIFTH AVE. HOLDING, INC. v. SWISS CTR., INC.


54 A.D.3d 587 (2008)

863 N.Y.S.2d 655

C & E 608 FIFTH AVENUE HOLDING, INC., Respondent, v. Swiss CENTER, INC., Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided September 9, 2008.


The express language of the lease did not give defendant landlord unfettered discretion to ignore the tenant's requests for approval of signage. And if the landlord's conduct as alleged is eventually established, it may also demonstrate a violation of the implied covenant of good faith and fair dealing (see Just-Irv Sales v Air-Tite Bus. Ctr., 237 A.D.2d 793 [1997]).

Moskowitz and DeGrasse, JJ., concur in a separate memorandum...

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