Legal Opinion
C & E 608 Fifth Avenue Holding, Inc. v. Swiss Center, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided September 9, 2008PublishedCited by 5 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Joan A. Madden, J.), entered July 18, 2006, which, to the extent appealed from as limited by the briefs, denied defendant’s cross motion pursuant to CPLR 3211 (a) (1) and (7) to dismiss the complaint, affirmed, with costs.
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…
2Cases cited4 opinions
- Vermont Teddy Bear Co. v. 538 Madison Realty Co.New York Court of Appeals · 2004
- Just-Irv Sales, Inc. v. Air-Tite Business Center, LLCAppellate Division of the Supreme Court of the State of New York · 1997
- Zurakov v. Register.Com, Inc.Appellate Division of the Supreme Court of the State of New York · 2003
- Hirsch v. Food Resources, Inc.Appellate Division of the Supreme Court of the State of New York · 2005
3Cited by5 opinions
- 255 Butler Assoc., LLC v. 255 Butler, LLCAppellate Division of the Supreme Court of the State of New York · 2019
- African Diaspora Maritime Corp. v. Golden Gate Yacht ClubAppellate Division of the Supreme Court of the State of New York · 2013
- African Diaspora Maritime Corp. v. Golden Gate Yacht ClubAppellate Division of the Supreme Court of the State of New York · 2013
- Miller v. Great Lakes Medical Imaging, LLCDistrict Court, W.D. New York · 2021
- Monaghan v. ColeAppellate Division of the Supreme Court of the State of New York · 2019