Jacobs v Arlington Owners Inc.

Holding The court affirmed the dismissal of the breach of contract and implied covenant of good faith and fair dealing claims because the plaintiff failed to demonstrate that the defendant breached any specific provision of the terms of sale. The terms of sale did not obligate the defendant to assist the plaintiff with financing or allow access for an appraisal, and the implied covenant cannot create obligations inconsistent with the contract’s plain terms.

The court’s words

A breach of contract cause of action fails as a matter of law in the absence of any showing that a specific provision of the contract was breached

2026 NY Slip Op 05173, at the official text

the defendant's evidence demonstrated, among other things, that it did not breach the terms of the TOS, which did not obligate it to assist the plaintiff with obtaining financing

2026 NY Slip Op 05173, at the official text

the duty of good faith and fair dealing cannot be used to imply obligations inconsistent with other terms of the contractual relationship

2026 NY Slip Op 05173, at the official text