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Cause of Action for Breach of Covenant of Good Faith and Fair Dealing Should Be Dismissed When It Is the Same as the Breach of Contract Claim

The First Department, in a full-fledged opinion by Justice Renwick, upheld most of the motion court’s denial of defendant’s motion to dismiss a breach of contract action, but agreed with the defendant that the cause of action for breach of the covenant of good faith and fair dealing should have been dismissed because it was the same as the breach of contract claim.  (The opinion is detailed and fact-specific with little discussion of general legal principles and therefore is not summarized here):

Where a good faith claim arises from the same facts and seeks the same damages as a breach of contract claim, it should be dismissed … . Mill Fin LLC v Gillett, 2014 NY Slip Op 06039, 1st Dept 9-4-14

 

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