United States Second Circuit

Summary judgment in favor of defendant as to the plaintiff’s claims alleging breach of contract and violation of the implied covenant of good faith and fair dealing is: 1) affirmed with respect to the breach of contract claim, where the district court properly refused to admit parol evidence to alter the meaning of an unambiguous contractual provision; and 2) vacated and remanded with respect to the implied covenant claim, where the district court granted summary judgment without determining whether defendant exercised its discretion arbitrarily or irrationally in calculating payments owed to the plaintiff, and the record presents a material dispute on this question.

Appellate Information

• Decided 10/17/2014
• Published 10/17/2014

Judges

• Sacks

Court

• United States Second Circuit

Counsel