May 18, 2021

The implied covenant of good faith and fair dealing.

The Appellate Division affirmed the motion court's dismissal of plaintiff's claim for breach of the implied covenant of good faith and fair dealing as duplicative of the breach of contract claim. In support of this claim, plaintiff relies on the same facts that form the basis for the breach of contract claim and seeks the very same damages.

320 W. 115 Realty LLC v. All Bldg. Constr. Corp., NY Slip Op 03107

Here is the decision.