Opinion
Argued December 20, 1999
February 17, 2000
In an action to recover damages for breach of contract, the defendants appeal from a judgment of the Supreme Court, Nassau County (Burke, J.), entered August 14, 1998, which, after a nonjury trial, is in favor of the plaintiff and against them in the principal sum of $36,019.03.
Steven M. Critelli, Clinton, N.Y., for appellants.
Wallman Wechsler, P.C., New York, N.Y. (Andre L. Ferenzo of counsel), for respondent.
THOMAS R. SULLIVAN, J.P., DANIEL F. LUCIANO, HOWARD MILLER, SANDRA J. FEUERSTEIN, JJ.
DECISION ORDER
ORDERED that the judgment is reversed, on the law, and the complaint is dismissed, with costs.
The trial court properly determined that the plaintiff, a publishing sales representative, was "egregiously deceitful" in its representation of the defendants, publishers with whom it had contracted, and thereby disregarded its obligation to act in good faith (see, UCC 1-203; Aventine Investment Management, Inc. v. Canadian Imperial Bank of Commerce, 265 A.D.2d 513 [2d Dept., Oct. 25, 1999]). This finding warrants dismissal of the complaint since a breach of the obligation to act in good faith is a "disqualifying factor" (Super Glue Corp. v. Avis Rent A Car Sys., 132 A.D.2d 604, after remand 159 A.D.2d 68 ) which precludes the plaintiff from recovering any unpaid commissions.