Orlitsky v. 33 Greenwich Owners Corp., 2025 NY Slip Op 01192 (2025)

Citation: Orlitsky v. 33 Greenwich Owners Corp., 2025 NY Slip Op 01192 (2025)
Parent Document: Orlitsky v. 33 Greenwich Owners Corp., 2025 NY Slip Op 01192 (2025)
Jurisdiction: New York (state)
Effective Date: 2025-03-04
Original Source: https://www.courtlistener.com/opinion/10349554/orlitsky-v-33-greenwich-owners-corp/ ↗

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The cause of action for breach of the implied covenant of good faith and fair dealing should also be dismissed because the co-op's denial of plaintiff's sublease renewal "consisted entirely of acts that [it] was authorized to do under the agreement" (Karsah Intl. Inc. v Jong Soo Kim, 225 AD3d 425, 426 [1st Dept 2023]; see also 111 W. 57th Inv. LLC v 111 W57 Mezz Inv. LLC, 220 AD3d 435, 435-436 [1st Dept 2023] ["(W)here a contract allows one party to (exercise a contractual right) in its sole discretion and for any reason whatsoever, the covenant of good faith and fair dealing cannot serve to negate that provision"] [internal quotation marks omitted]).

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