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USA V. EPSTEIN, US District Court, SD of NY, 1998

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USA V. EPSTEIN, US District Court, SD of NY, 1998 Powered By Docstoc
					PROPERTY USA V. EPSTEIN, US District Court, SD of NY, 1998 History: Facts: Office of Foreign Missions took over building after US severed relations w/Iran in 1980; OFM leased to Epstein; Epstein sublet to Fisher (supposedly w/out gov’ts consent); Fisher sublet a portion of building to several subtenants Gov’t wanted to terminate Epstein’s lease and eject Epstein and fisher; sought to recover back rent from Epstein and Fisher; amended to assert ejectment over tenants, as well Issue(s): Whether OFM was entitled to refuse Epstein’s proposed sublet to Fisher arbitrarily or whether is breached a duty of good faith and fair dealing implicit in the lease agreement by unreasonably refusing to grant such consent in writing. Holding: OFM was permitted to arbitrarily withhold its consent to Epstein’s request to sublet to Fisher Analysis: Under NY law, a landlord may refuse consent arbitrarily unless lease contains a specific clause stating landlord may not unreasonably withhold such consent Land is unique, so a landlord should have virtually complete say in who occupies its property


				
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