Tepedino v. City of Long Beach
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action, inter alia, to rescind a real estate sales contract and recover the downpayment, the plaintiff appeals from a judgment of the Supreme Court, Nassau County (Lockman, J.), entered June I, 1994, which, upon a jury verdict, is in favor of the defendants and against him.
Ordered that the judgment is affirmed, with costs.
The plaintiff’s contention that rescission is warranted based on an alleged breach of good faith and fair dealing by the defendants is without merit. Implied in all contracts is a covenant of fair dealing and good faith (see, Van Valkenburgh, Nooger & Neville v Hayden…
2Cases cited7 opinions
- Nicastro v. ParkAppellate Division of the Supreme Court of the State of New York · 1985
- Van Valkenburgh, Nooger & Neville, Inc. v. Hayden Publishing Co.New York Court of Appeals · 1972
- Policastro v. SavareseAppellate Division of the Supreme Court of the State of New York · 1991
- Coan v. ChapinAppellate Division of the Supreme Court of the State of New York · 1989
- Nelson v. City of New RochelleAppellate Division of the Supreme Court of the State of New York · 1989
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3Cited by3 opinions
- Bear, Stearns Funding, Inc. v. Interface Group-Nevada, Inc.District Court, S.D. New York · 2005
- Just-Irv Sales, Inc. v. Air-Tite Business Center, LLCAppellate Division of the Supreme Court of the State of New York · 1997
- D'Agnese v. SpinelliAppellate Division of the Supreme Court of the State of New York · 2002