Kolchins v. Evolution Markets, Inc.
The documentary evidence proffered by Defendant on its motion to dismiss pursuant to N.Y. C.P.L.R. 3211(a)(1) did not conclusively refute Plaintiff’s breach of contract claims. In 2009, Plaintiff and Defendant entered into a three-year employment agreement, under which Plaintiff was an “at will” employee. In 2012, Defendant notified Plaintiff that his employment had ceased upon the expiration of the agreement. Plaintiff brought this breach of contract action against Defendant, alleging that the parties had entered into a valid and binding contract setting forth the terms of his continued employment with Defendant. Defendant moved for an order dismissing Plaintiff’s breach of contract claims. Supreme Court denied the motion. The Appellate Division modified Supreme Court’s order by dismissing so much of the breach of contract cause of action that sought to recover a special non-compete payment under the 2009 agreement and otherwise affirmed. The Court of Appeals affirmed, holding that Defendant did not meet its burden of demonstrating that the proffered evidence conclusively refuted Plaintiff’s factual allegations. View "Kolchins v. Evolution Markets, Inc." on Justia Law