is an implied covenant that neither party [to a contract] will do anything which will have the effect of destroying or injuring the right of the other party to receive the fruits of the contract.” Horton, No. 05-0982, 2006 WL 1279044, at *3 (quoting 13 Richard A. Lord, Williston on CONTRACTS § 38:15, at- 437 (4th ed.1999)). The court further noted that: generally the implied covenant of good faith' and fair dealing operates upon an express condition of a contract, the occurrence of which is largely or exclusively within the control of one of the parties. Williston on Contracts § 38.15, at 435. The implied covenant requires the party in control to exercise their express discretion in a manner which avoids harm to the other party. See Warner v. Konover, 553 A.2d 1138, 1140-41 (Conn.1989) (<HOLDING>); c.f Retrofit Partners I, L.P. v. Lucas
recognizing a landlords duty for injuries sustained on leased premises where the landlord is aware that the premises are leased with intent to admit the public holding that where a commercial lease requires landlords consent before assigning the lease or subletting the leased premises implied covenant prohibited landlord from withholding consent unreasonably recognizing that the burden is on the landlord in a lease dispute to establish that the lease contract had been breached and that such breach entitled the landlord to the possession of the property in question holding language of lease did not indicate implied covenant of continued use holding that the damage for tenancy at sufferance during the holdover period was the monthly rent under the lease versus the apartments fair market value because the lease contained a provision requiring lease payments beyond the lease term