You are here: / / Cause of Action for Breach of Covenant of Good Faith and Fair Dealing Should...

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

 

You might also like
IN THIS NO-FAULT INSURANCE MATTER, PLAINTIFF INSURER DID NOT DEMONSTRATE COMPLIANCE WITH THE NYCRR SUCH THAT IT WAS ENTITLED TO SUMMARY JUDGMENT BASED UPON THE INSURED’S FAILURE TO APPEAR FOR AN INDEPENDENT MEDICAL EXAMINATION (FIRST DEPT).
BECAUSE LOOSE PLANKS ON A SCAFFOLD CONSTITUTED A PROXIMATE CAUSE OF PLAINTIFF’S FALL IN THIS LABOR LAW 240(1) ACTION, PLAINTIFF’S ACTS OR OMISSIONS COULD NOT BE THE SOLE PROXIMATE CAUSE OF THE FALL AND THE RECALCITRANT WORKER DEFENSE WAS NOT AVAILABLE (FIRST DEPT). ​
People Were Not Required to Disclose (Prior to Trial) Confession Made by Defendant to Health Care Worker
QUESTIONS OF FACT WHETHER THE GENERAL CONTRACTOR AND A STATUTORY AGENT OF THE PROJECT OWNER ARE LIABLE FOR THE INJURIES TO AN EMPLOYEE OF A SUBCONTRACTOR IN THIS LABOR LAW 240 (1) LADDER CASE (FIRST DEPT).
DEFAMATION ACTION BASED UPON A REPORTER’S NAMING THE WRONG TEACHER AS HAVING BULLIED A FIFTH-GRADER PROPERLY DISMISSED; THE REPORTER HAD SUFFICIENT REASON TO RELY ON THE STUDENT’S MOTHER AND ANOTHER SOURCE BOTH OF WHOM PROVIDED THE WRONG NAME (FIRST DEPT).
INSURER OF COMPANY UNDER CONTRACT TO MAINTAIN STREET LIGHTING AND TRAFFIC CONTROL DEVICES HAD A DUTY TO DEFEND THE CITY IN PERSONAL INJURY SUITS ALLEGING INADEQUATE LIGHTING AND MALFUNCTIONING TRAFFIC CONTROL DEVICES.
MOTION TO DISMISS SUIT SEEKING RETURN OF A PAINTING ALLEGEDLY LOOTED BY THE NAZI-OCCUPIED FRENCH GOVERNMENT DURING WORLD WAR II PROPERLY DENIED (FIRST DEPT).
“Foreseeability” In the Context of a Building Collapse

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

Plaintiff Entitled to Summary Judgment Pursuant to Res Ipsa Loquitur Doctrine—Doctrine... County Could Seek Judicial Intervention Re: the Collection of a County Hotel...