Is a covenant of good faith and fair dealing enforceable?

136 (2d Cir. 1990)). Indeed, New York courts have cautioned that, "[w]hile the covenant of good faith and fair dealing is implicit in every contract, it cannot be construed so broadly as effectively to nullify other express terms of a contract, or to create independent contractual rights." Fesseha v. TD Waterhouse Inv. Servs., 761 N.Y.S.2d 22, 23 (2003).