On June17, 2020, Ed O’Toole published “NY Ruling Highlights Elasticity of Good Faith and Fair Dealing” in Law360. The following is an excerpt:
Dec. 28, 1975 — that is when Roger Staubach of the Dallas Cowboys threw a most improbable, if not impossible, last-minute touchdown pass to his star receiver, Drew Pearson, defeating the Minnesota Vikings in a National Football League playoff game that came to be known simply as the Hail Mary pass.
The Trojan horse, of course, was the famous Greek gift that arrived in the embattled ancient city-state of Troy, so seemingly harmless as it was ushered in through the city's walls, but secretly harboring murderous Greek soldiers who would emerge at night to deliver the city to the Athenian invaders and spell doom for the besieged Trojans.
These seemingly distinct concepts at once seem to aptly capture the current New York state of mind as to the contractual duty of good faith and fair dealing.
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