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SHETH v. NEW YORK LIFE INSURANCE COMPANY

273 A.D.2d 72 (2000)

709 N.Y.S.2d 74

SANJAY C. SHETH et al., Respondents-Appellants, v. NEW YORK LIFE INSURANCE COMPANY, Appellant-Respondent.

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

Decided June 13, 2000.

The second cause of action for breach of the implied covenant of good faith and fair dealing should have been dismissed since such a claim may not be used as a substitute for a nonviable claim of breach of contract (see, Murphy v American Home Prods. Corp., 58 N.Y.2d 293, 304; Prestige Foods v Whale Sec. Co., 243 A.D.2d 281; Trade & Indus. Corp. [USA] v Euro Brokers Inv. Corp.,

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