Deer Park Enterprises, LLC v. Ail Systems, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
We agree with the defendant’s contention that the Supreme Court erred in denying that branch of its motion which was *712pursuant to CPLR 3211 (a) (1) and (7) to dismiss the fourth cause of action of the amended complaint. That cause of action alleged that the defendant breached an implied covenant of good faith and fair dealing. A cause of action to recover damages for breach of the implied covenant of good faith and fair dealing cannot be maintained where the alleged breach is “intrinsically tied to the damages allegedly resulting from a breach of the contract” (Canstar v Jones Constr. Co., 212…
2Cases cited8 opinions
- Truck Rent-A-Center, Inc. v. Puritan Farms 2nd, Inc.New York Court of Appeals · 1977
- Canstar v. J.A. Jones Construction Co.Appellate Division of the Supreme Court of the State of New York · 1995
- Hawthorne Group v. RRE VenturesAppellate Division of the Supreme Court of the State of New York · 2004
- Federal Realty Ltd. Partnership v. Choices Women's Medical Center, Inc.Appellate Division of the Supreme Court of the State of New York · 2001
- R.I. Island House, LLC v. North Town Phase II Houses, Inc.Appellate Division of the Supreme Court of the State of New York · 2008
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3Cited by30 opinions
- Deutsche Bank National Trust Co. ex rel. GSR Mortgage Loan Trust 2007-OA1 v. Quicken Loans Inc.Court of Appeals for the Second Circuit · 2015
- Amcan Holdings, Inc. v. Canadian Imperial Bank of CommerceAppellate Division of the Supreme Court of the State of New York · 2010
- District Lodge 26 v. United Technologies Corp.Court of Appeals for the Second Circuit · 2010
- Mendez v. Bank of America Home Loans Servicing, LPDistrict Court, E.D. New York · 2012
- Barker v. Time Warner Cable, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
25 more not listed; retrieve them via the Exa API.