P.T.& L. Contracting Corporation v. Trataros Construction, Inc.
Decision Date | 16 May 2006 |
Docket Number | 2004-09718. |
Citation | 816 N.Y.S.2d 508,2006 NY Slip Op 03864,29 A.D.3d 763 |
Parties | P.T.& L. CONTRACTING CORPORATION, Appellant, v. TRATAROS CONSTRUCTION, INC., et al., Respondents. |
Court | New York Supreme Court — Appellate Division |
Ordered that the resettled judgment is affirmed insofar as appealed from, with costs.
Every contract contains an implied covenant of good faith and fair dealing (see Rowe v Great Atl. & Pac. Tea Co., 46 NY2d 62 [1978]). "This covenant is breached when a party to a contract acts in a manner that, although not expressly forbidden by any contractual provision, would deprive the other party of the right to receive the benefits under their agreement" (Aventine Inv. Mgt. v Canadian Imperial Bank of Commerce, 265 AD2d 513, 514 [1999]).
"A decision rendered by a court after a nonjury trial should not be disturbed on appeal unless it is clear that its conclusions could not have been reached under any fair interpretation of the evidence" (Ardmar Realty Co. v Building Inspector of Vil. of Tuckahoe, 5 AD3d 517, 518 [2004]). Here, the Supreme Court properly found that the plaintiff failed to adduce any evidence to demonstrate that the defendant Trataros Construction, Inc. (hereinafter Trataros), breached the covenant of good faith and fair dealing contained in the subcontract at issue. Therefore, the Supreme Court properly limited the damage award to the amount Trataros conceded it owed the plaintiff for services rendered under the subcontract.
In view of the foregoing, we need not reach the parties' remaining contentions.
To continue reading
Request your trial-
Farina v. Metro. Transp. Auth.
...would deprive the other party of the right to receive the benefits under their agreement." P.T. & L. Contracting Corp. v. Trataros Const., Inc., 29 A.D.3d 763, 764, 816 N.Y.S.2d 508 (2d Dep't 2006). As to the mailing of timely breach notices, the Agreement expressly requires vehicle owners ......
-
Palmieri v. Biggiani
...in effect, to recover damages for breach of an implied covenant of good faith and fair dealing ( see P.T. & L. Contr. Corp. v. Trataros Constr., Inc., 29 A.D.3d 763, 816 N.Y.S.2d 508;Aventine Inv. Mgt. v. Canadian Imperial Bank of Commerce, 265 A.D.2d 513, 513–514, 697 N.Y.S.2d 128) was dup......
-
Beach 104 St. Realty Inc. v. Kisslev-Mazel Realty LLC, 2009 NY Slip Op 32421 (N.Y. Sup. Ct. 10/8/2009), 25569/07
...(Aventine Inv. Mgt. v. Canadian Imperial Bank of Commerce, 265 A.D.2d 513, 514, 697 N.Y.S.2d 128)." P.T. & L. Contracting Corp. v. Trataros Const., 29 A.D.3d 763, 764 (2nd Dept. 2006); Turkat v. Lalezarian Developers, Inc., 52 A.D.3d 595 (2nd Dept. 2008). "The implied covenant of good faith......
-
Jae Ho Lee, Soyoun Park & Basic Food Groups, LLC v. Ahne Law, P.C. (In re Basic Food Grp., LLC)
...provision, would deprive the other party of the right to receive the benefits under their agreement[.]" P.T. & L. Contr. Corp. v. Trataros Constr., Inc., 816 N.Y.S.2d 508 (2d Dept 2016) (quoting Aventine Inc. Mgmt. v. Canadian Imperial Bank of Commerce, 265 A.D.2d 513, 514 (2d Dept 1999)); ......