Even if a party has not expressly breached a contract, it may breach the implied duty of good faith where it exercises a contractual right as part of a scheme to deprive the other party of the benefit of its bargain. A plaintiff's breach of the implied covenant claim is not duplicative where it seeks redress for injuries that are separate from the breach of contract claim.
Barnett v. Berkowitz, NY Slip Op 03286 (1st Dep't June 15, 2023)
