We agree with the motion court that the parties' agreement, dated January 15, 1979, giving defendants the exclusive right to license certain compounds, including carboplatin, to pharmaceutical companies, does not unambiguously relieve defendants of the obligation to pay plaintiff a share of the royalties received by defendants from the licensee for technical information relating to carboplatin. In particular, the "adjusted gross income" provision of the subject contract contains language supportive of plaintiff's contention that the contracting parties intended to include, without qualification, both patent and technical information as subject to royalties pursuant to the agreement.
The cause of action for breach of the implied covenant of good faith and fair dealing was properly dismissed as duplicative of the breach of contract claim (see, In re Houbigant, Inc. v. ACB Mercantile, Inc., 914 F. Supp. 964, 989).
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.