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P.T.& L. CONTRACTING CORPORATION v. TRATAROS CONSTRUCTION, INC.

29 A.D.3d 763 (2006)

816 N.Y.S.2d 508

P.T.& L. CONTRACTING CORPORATION, Appellant, v. TRATAROS CONSTRUCTION, INC., et al., Respondents.

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

May 16, 2006.

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 N.Y.2d 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...

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