In Rather v. CBS Corp. 68 AD3d 49, 886 N.Y.S.2d 121 (1st Dept 2009), lv denied 13 NY3d 715, 922 N.E.2d 903, 895 N.Y.S.2d 314 (2010), the trial court had stated that "[a] claim of breach of the implied covenant of good faith and fair dealing is not necessarily duplicative of a claim of breach of contract"; however, because the plaintiff there adduced "the same factual allegations to support both claims," the court dismissed the breach of the implied covenant claim as redundant. Rather v. CBS Corp., 2008 WL 6894751 (Sup Ct, NY Co. 2008).
On appeal, the Appellate Division affirmed the ruling without analysis, stating simply that "Rather's claim for breach of the implied covenant of good faith and fair dealing was properly dismissed . . . for being duplicative of his breach of contract claim." (Rather v. CBS Corp., 68 AD3d at 59.)