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MAYVILLE ENGG. CO., INC. v. PELOTON INTERACTIVE, INC.

Index No. 652735/22, Appeal No. 2024-2025, Case Nos. 2023-00706, 2023-03817.

2024 NY Slip Op 01990

MAYVILLE ENGINEERING COMPANY, INC., Plaintiff-Respondent-Appellant, v. PELOTON INTERACTIVE, INC., Defendant-Appellant-Respondent.

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

Decided April 11, 2024.

Attorney(s) appearing for the Case

Covington & Burling LLP, New York ( Mark P. Gimbel of counsel), for appellant-respondent.

Foley & Lardner LLP, New York ( Peter N. Wang of counsel), for respondent-appellant.

Before: Oing, J.P., Friedman, Kapnick, Scarpulla, Pitt-Burke, JJ.

Order, Supreme Court, New York County (Jennifer G. Schecter, J.), entered February 6, 2023, which, to the extent appealed from, granted, with prejudice, the motion of defendant to dismiss the cause of action for breach of the implied duty of good faith and fair dealing (second cause of action) and denied defendant's motion to dismiss the cause of action for breach of contract (first cause of action), unanimously affirmed, with costs. Order, same court and Justice, entered...

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