On March 8, 2016, the First Department issued a decision in Austin v. Gould, 2016 NY Slip Op. 01604, dismissing a breach of contract claim, explaining:
The cause of action for breach of contract, based on the allegation that defendants failed to make certain payments to the plaintiff entities as required by unspecified agreements, was correctly dismissed in its entirety for failure to identify the specific agreements allegedly breached. The cause of action for breach of the implied covenant of good faith, to the extent it seeks to recover the fees, is also insufficiently pleaded, since a claim for breach of the implied covenant of good faith is essentially a contract claim and may not be used as a substitute for a non-viable contract cause of action.
(internal quotations and citations omitted) (emphasis added).