Interweb, Inc. v. iPayment, Inc.

*165Order, Supreme Court, New York County (Herman Cahn, J.), entered March 5, 2004, granting defendant’s motion to dismiss the complaint for failure to state a cause of action, unanimously affirmed, with costs.

The agreement between the parties solely concerned the limited service of processing plaintiffs customers’ credit card transactions and failed to contain a term certain for its duration. Thus, the agreement was terminable at will (Beslow v Novell, Inc., 242 AD2d 501 [1997]) and not subject to the implied duty of good faith and fair dealing (Lipsky v Guardian Life Ins. Co., 268 AD2d 310, 311…