Epstein Secrets

racts, Epstein and Fisher continue, the lease between OFM and Epstein contains an implied covenant of good faith and fair dealing, citing Neal & Co. I. United States, 36 Fed. Cl. 600 (1996), affd, 121 F.3d 683 (Fed.Cir.1997). The requirement of good faith and fair dealing, they argue, prohibits OFM from withholdi

ter that federal law should apply, there is no federal statutory or common law governing landlord-tenant relations. Federal law should apply because the United States is a party. I have jurisdiction over this action based on 28 U.S.C. s 1345 and the FMA, 22 U.S.C. s 4301 et seq. The subject matter of this action i

han one interpretation, and the Court makes this determination by reference to the contract alone. Banque Arabe et Internationale d'Investissement I Maryland Nat'l Bank, 57 F.3d 146, 152 (2d Cir.I995). The lease clearly provides that Epstein was required to obtain the advance written consent of OFM to sublet the Pr

ter that federal law should apply, there is no federal statutory or common law governing landlord-tenant relations. Federal law should apply because the United States is a party. I have jurisdiction over this action based on 28 U.S.C. s 1345 and the FMA, 22 U.S.C. s 4301 et seq. The subject matter of this action i

an one interpretation, and the Court makes this determination by reference to the contract alone. Banque Arabe et Internationale d'Investissement v. Maryland Nat'l Bank, 57 F.3d 146, 152 (2d Cir.I995). The lease clearly provides that Epstein was required to obtain the advance written consent of OFM to sublet the Pr

ully submitted, KRAMER LEVIN NAFTALIS & FRANKEL LLP B ki tatE Marshall H. Fialun f an Stephen M. Sinaiko Gabrielle L. Gould 1177 Avenue of the Americas New York, New York 10036 Attorneys for Respondents The Bear Steams Companies, Inc., Bear, Stearns & Co. Inc., and Bear Steams Asset Management In

e Martin Act); Gabriel Capital, L.P. v. Natives(' Fin., Inc., 137 F. Supp. 2d 251, 266-67 (S.D.N.Y. 2000) (same). -24- KU 2741929.1 EFTA00294838 Maryland Nat'l Bank, 57 F.3d 146, 153 (2d Cir. 1995).21 The elements of constructive fraud are the same as those of fraud, except that the element of scienter is replac