The allegation that defendant charged "excessive due diligence fees against the down payment" is insufficient to plead a claim for breach of the implied covenant of good faith and fair dealing. The implied covenant may not be used to create new contractual obligations that were not bargained for.
King Penguin Opportunity Fund III, LLC v. Spectrum Group Mgt. LlC, NY Slip Op 06230 (1st Dep't October 29, 2020)
