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United States of America v. Epstein

United States District Court for the Southern District of New York

27 F. Supp. 2d. 404 (1998)

Relevant factsFree

The government leased commercial property to Epstein under a lease requiring its consent for any sublease or assignment but not expressly prohibiting arbitrary withholding of that consent, and after Epstein subleased to Fisher, who further subleased portions to additional subtenants, the government sought to eject all of them, while the subtenants argued federal contract law required the government to act reasonably and in good faith in withholding consent.

IssueFree

Whether, if a commercial lease allows assignment or sublease only upon the landlord's consent, a landlord may arbitrarily withhold consent.

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