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TEPEDINO v. CITY OF LONG BEACH

226 A.D.2d 446 (1996)

640 N.Y.S.2d 591

Carmine Tepedino, Appellant, v. City of Long Beach et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 8, 1996

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 Publ. Co., 30 N.Y.2d 34, cert denied 409 U.S. 875). However, whether a party to a contract...

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