Christopher Milito Defeats Restraining Order on Behalf of Franchisor
October 23, 2019 – Morrison Cohen partner Christopher Milito fought off an attempt by a franchisee to enjoin the expansion of a national food franchisor. Arguing in Nassau County Supreme Court, Mr. Milito contended that the franchisee’s claim for a breach of the implied covenant of good faith and fair dealing was unsupported because there was no contract governing the issue in dispute. Citing appellate division caselaw, Mr. Milito argued that the “implied covenant” cannot be used to create rights that do not appear in, or cannot be reasonably inferred from, the express terms of the parties’ agreement. The Supreme Court agreed and declined to issue the requested temporary restraining order.