COMPLAINT ALLEGED GOVERNING ELEMENTS
After DB filed a case alleging breach of an employment agreement, his alleged “employer” sought to dismiss the case. And when the New York County Supreme Court denied that request, an appeal ensued.
On its review, the Appellate Division, First Department, noted that on a motion to dismiss, a pleading is to be afforded “the benefit of every possible inference.” And, in this instance, it thought that DB had stated a contract breach claim.
Among other things, he “alleged (1) the existence of an employment contract, (2) plaintiff's performance under the contract, (3) that defendants breached the contract by not paying him, and (4) resulting damages.”
And while he didn’t have a fully executed copy of the agreement, the AD1 accepted DB’s representation that the defendants had a signed copy in their possession. And given that the document did not authorize salary reductions, and prohibited any modifications, unless they were in writing, the AD1 didn’t think that the defendants had unequivocally demonstrated an entitlement to relief in their favor.
Think the defendants needed to employ a better strategy there?
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DECISION