Mec-Guy Realty Corporation v. Amerada Hess Corporation

In Mec-Guy Realty Corporation v. Amerada Hess Corporation, 69 AD2d 812 (2d Dept 1979) the defendant claimed that it was entitled to terminate a lease "without any further liability hereunder" if it could not procure necessary governmental approvals. Hess sent notice to terminate pursuant to that clause. In affirming the lower court's judgment in favor of Hess, the Appellate Division, Second Department, held "Since Hess, by giving notice of termination as called for in the contract, did precisely what the instrument permitted . . . any question of bad faith as claimed by the plaintiff is irrelevant" (Mec-Guy Realty, 69 AD2d at 813)