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VENDOME v. OLDENBURG

Index No. 656640/19. Appeal No. 14315. Case No. 2020-04636.

198 A.D.3d 450 (2021)

152 N.Y.S.3d 569

2021 NY Slip Op 05409

Antonio Vendome, Appellant, v. Claes T. Oldenburg et al., Respondents.

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

Decided October 7, 2021.

Attorney(s) appearing for the Case

Olshan Frome Wolosky, New York ( Tara Richelo of counsel), for appellant.

Wichler & Gobetz, P.C., Suffern ( Kenneth C. Gobetz of counsel), for respondents.

Concur—Manzanet-Daniels, J.P., Mazzarelli, Moulton, González, Pitt, JJ.

The covenant of good faith and fair dealing "cannot negate express provisions of the agreement" (Transit Funding Assoc., LLC v Capital One Equip. Fin. Corp., 149 A.D.3d 23, 29 [1st Dept 2017]). Here, defendants' actions were expressly permitted by Paragraph 12 of the Letter of Intent (the LOI), which gave them the right not to agree to a definitive sale contract "for any reason whatsoever or no reason at all." Where the express terms...

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