REP A8 LLC v. Aventura Technologies, Inc.

68 A.D.3d 1087 (2d Dept. 2009).  We represented a landlord in this appeal and successfully obtained a reversal of the judgment of the Supreme Court which had concluded that an issue of fact existed as to whether the landlord breached an implied covenant of good faith and fair dealing in commercial leases, by refusing tenant’s proposal to re-let the premises to substitute tenants.  The Appellate Division concluded that the landlord did not breach the good faith covenant, since the landlord acted within its rights in refusing to accept an assignment, and did nothing to prevent the tenant from performing its lease obligations to pay rent.