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Donnenfeld v. Petro Inc.

Contract Breach Claim Survives in Suit Over Firm's Refusal to Reduce Price for Heating Oil

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M. Norman Donnenfeld, on behalf of himself and all other Persons similarly situated, Plaintiffsv.Petro, Inc. Doing Business as Petro Home Services, Defendant

MEMORANDUM AND ORDER  Plaintiff M. Norman Donnenfeld (“Donnenfeld” or “plaintiff”) brings this putative class action against defendant Petro, Inc. (“Petro” or “defendant”), a home heating oil provider, for breach of contract, breach of the implied covenant of good faith and fair dealing, unjust enrichment, fraudulent inducement, and violations of New York’s General Business Law and other state consumer protection laws. Presently before the Court is Petro’s motion to dismiss the First Amended Class Action Complaint in its entirety. For the reasons set forth below, the Court grants the motion as to plaintiff’s claims for breach of the covenant of good faith and fair dealing and fraudulent inducement, but otherwise denies it. The Court will grant plaintiff leave to re-plead the fraudulent inducement claim.I. BACKGROUNDA. FactsThe Court takes the following facts from the First Amended Class Action Complaint. (ECF No. 20.) The Court assumes these facts to be true in deciding the motion to dismiss, and construes them in the light most favorable to plaintiff, the non-moving party.Petro is a home heating oil provider that operates in several states, including New York. (Am. Compl.

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