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
DEFENDANTS’ MOTION TO FILE A LATE ANSWER PURSUANT TO CPLR 3012 AFTER A DEFAULT IN THIS FORECLOSURE PROCEEDING WAS PROPERLY DENIED, FIVE FACTORS TO BE CONSIDERED EXPLAINED, ALLEGATION DEFENDANTS WERE CHEATED WAS NOT A DEFENSE (FIRST DEPT).
NO NEED FOR ARRESTING OFFICER TO TESTIFY AT SUPPRESSION HEARING, INFERENCE OF MUTUAL COMMUNICATION APPLIED.
PLAINTIFF’S WORK, DELIVERING TILES TO THE WORK SITE, WAS COVERED BY LABOR LAW 240(1) AS “NECESSARY AND INCIDENTAL” TO THE PROTECTED CONSTRUCTION-ACTIVITY (FIRST DEPT).
Response to Flooding Caused by Storm Not “Routine Maintenance”
PLAINTIFF SLIPPED ON ICE AND SNOW IN AN AREA OF THE WORK SITE USED AS A WALKWAY; PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT IN THIS LABOR LAW 241(6) ACTION SHOULD HAVE BEEN GRANTED; THERE WAS A DISSENT (FIRST DEPT).
A Counteroffer Extinguishes the Initial Offer Which Cannot Be Unilaterally Revived by Subsequent Acceptance
THE INDUSTRIAL CODE PROVISIONS RELIED UPON BY PLAINTIFF DO NOT APPLY TO A SLIPPERY SUBSTANCE ON A LADDER, REQUIRING THE DISMISSAL OF A LABOR LAW 241(6) CAUSE OF ACTION (FIRST DEPT).
Church’s Decision to Terminate Minister Constitutionally Protected Under “Ministerial Exception”

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...