On April 14, 2022, the First Department issued a decision in Jeremias v. Toms Capital LLC, 2022 NY Slip Op. 02495, reinstating a claim for breach of the implied covenant of good faith and fair dealing because of a question of fact regarding the terms to which the parties agreed, explaining:
The breach of implied covenant of good faith and fair dealing claim should be reinstated because the contours of the agreement are in dispute, and facts exist upon which a trier of fact could find that the Toms defendants defeated plaintiff’s right to receive the fruits of the contract.
(Internal citations omitted).