Briebug Software, Inc. v. Ault Alliance, Inc.

Filing 23

ORDER DENYING IN PART AND GRANTING IN PART DEFENDANT'S MOTION TO DISMISS granting in part and denying in part 15 Motion to Dismiss. Accordingly, it evinces an intent by the parties to be bound by its terms. Further, the SOW expands on the MSA's terms with concrete dates and expectations for production of the sales platform. Briebug therefore alleges a plausible claim for breach of contract, and the motion to dismiss is denied as to this claim. The motion to dismiss as to the cla ims for breach of the covenant of good faith and fair dealing, promissory estoppel, and quantum meruit is granted. Since Briebug is asserting a plausible claim for breach of contract, it cannot recover for breach of the covenant of good faith an d fair dealing, promissory estoppel, or quantum meruit upon those same facts. See Joshi v. Trustees of Columbia University in the City of New York, No. 21-418 2022 U.S. App. LEXIS 21963, at *4 (2d Cir. Aug. 9, 2022); Hinterberger v. Catholic Health Systems, 536 Fed. Appx. 14, 17 (2d Cir. 2013). The Clerk shall terminate ECF No. 15. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 3/27/2024) (va)

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