Extract to table

The covenant encompasses "a pledge that neither party shall do anything which will have the effect of destroying or injuring the right of the other party to receive the fruits of the contract

The New York Court of Appeals has consistently held that a cause of action for breach of the implied covenant that is duplicative of a breach of contract cause of action must be dismissed

2002) (applying New York law and holding that an implied covenant claim that "arises from the same facts" as a breach of contract claim and "seeks the identical damages" is "redundant" and must be dismissed); New York Univ

If the agreement expressly permits the challenged conduct, the claim for breach of the covenant must be dismissed

However, these authorities must be carefully distinguished from the present case

Relationship Between the Implied Covenant Claim and the Fraud Claims Under New York law, the implied covenant claim must be analyzed independently from the fraudulent inducement (First Counterclaim) and negligent misrepresentation (Second Counterclaim) counterclaims