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· 9/4/2014

Mill Financial, LLC v. Gillett

Citations

  • 122 A.D.3d 98
  • 992 N.Y.S.2d 20

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • finding that the implied covenant claim was duplicative of the contract claim where the same damages flowed from each claim even though “[t]he conduct alleged in the two causes of action [was not] identical in every respect”
  • dismissing claim for breach of the covenant of good faith and fair dealing because the plaintiff’s breach of contract claim arose for their inability to protect their collateral and the breach of good faith and fair dealing covenant claim arose from the “same operative facts”
  • “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.”
  • “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.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Renwick, Mazzarelli, Feinman, Gische, Kapnick

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.