South Brooklyn Ry. Co. v. Heung Man Lau, 2024 NY Slip Op 24139 (2024)

Citation: South Brooklyn Ry. Co. v. Heung Man Lau, 2024 NY Slip Op 24139 (2024)
Parent Document: South Brooklyn Ry. Co. v. Heung Man Lau, 2024 NY Slip Op 24139 (2024)
Jurisdiction: New York (state)
Effective Date: 2024-05-07
Original Source: https://www.courtlistener.com/opinion/9500925/south-brooklyn-ry-co-v-heung-man-lau/ ↗

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Here, Respondent contends that the documents they seek pertain to the defense that Petitioner terminated the license in bad faith. The second of the Farkas factors addresses relevance to the cause of action. As previously discussed, the issue of bad faith is not properly before this Court (see Affirmative Defenses supra at 8-9). Moreover, where a landlord or licensor has an absolute right to terminate a relationship for any reason, the tenant or licensee has no expectation of good faith (124 In-To-Go Corp. v Roundabout Theatre Co., Inc., 266 AD2d 166 [1st Dept 1999]). Therefore, the information sought is not pertinent to a viable defense. Respondent's cross-motion is denied.

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