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BRODER v. MBNA CORPORATION

281 A.D.2d 369 (2001)

722 N.Y.S.2d 524

GERALD D. BRODER, on Behalf of Himself and All Others Similarly Situated, Respondent, v. MBNA CORPORATION et al., Appellants.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided March 29, 2001.

Under Delaware law, applicable to the subject credit card agreement, every contract carries with it an implied duty to perform in good faith (see, Greytak Enters. v Mazda Motors, 622 A.2d 14 [Del Ch], affd 609 A.2d 668 [Del Sup Ct]), which duty "requires a party in a contractual relationship to refrain from arbitrary or unreasonable conduct which has the effect of preventing the other party to the contract from receiving the...

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