L'Archeveque v. Maimonides Medical Center

Appellate Division of the Supreme Court of New York

L'Archeveque v. Maimonides Medical Center

282 A.D.2d 576, 722 N.Y.S.2d 917, 2001 N.Y. App. Div. LEXIS 3794

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 16, 2001

StatusPublished

This text of 282 A.D.2d 576 (L'Archeveque v. Maimonides Medical Center) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

L'Archeveque v. Maimonides Medical Center, 282 A.D.2d 576, 722 N.Y.S.2d 917, 2001 N.Y. App. Div. LEXIS 3794 (N.Y. Ct. App. 2001).

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Opinion

—In an action, inter alia, to recover damages for breach of an employment contract, the defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (Hubsher, J.), dated June 19, 2000, as denied that branch of its motion pursuant to CPLR 3211 (a) (1) and (7), which was to dismiss the plaintiffs cause of action to recover damages for breach of contract.

Ordered that the order is affirmed insofar as appealed from, with costs.

The defendant failed to establish that the contract at issue unambiguously contradicted the plaintiffs allegations in her complaint. Accordingly, the Supreme Court properly denied the defendant’s motion to dismiss the cause of action based on breach of contract (see, CPLR 3211 [a] [1], [7]; Leon v Martinez, 84 NY2d 83; see also, Nevin v Laclede Professional Prods., 273 AD2d 453; Emcee Personnel v Morgan Lewis & Bockius, 269 AD2d 353; Kailasanathan v Mysorekar, 234 AD2d 425). Santucci, J. P., Florio, H. Miller and Schmidt, JJ., concur.

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—In an action, inter alia, to recover damages for breach of an employment contract, the defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (Hubsher, J.), dated June 19, 2000, as denied that branch of its motion pursuant to CPLR 3211 (a) (1) and (7), which was to dismiss the plaintiffs cause of action to recover damages for breach of contract.

Ordered that the order is affirmed insofar as appealed from, with costs.

The defendant failed to establish that the contract at issue unambiguously contradicted the plaintiffs allegations in her complaint. Accordingly, the Supreme Court properly denied the defendant’s motion to dismiss the cause of action based on breach of contract (see, CPLR 3211 [a] [1], [7]; Leon v Martinez, 84 NY2d 83; see also, Nevin v Laclede Professional Prods., 273 AD2d 453; Emcee Personnel v Morgan Lewis & Bockius, 269 AD2d 353; Kailasanathan v Mysorekar, 234 AD2d 425). Santucci, J. P., Florio, H. Miller and Schmidt, JJ., concur.

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Bluebook (online)

282 A.D.2d 576, 722 N.Y.S.2d 917, 2001 N.Y. App. Div. LEXIS 3794, Counsel Stack Legal Research, https://law.counselstack.com/opinion/larcheveque-v-maimonides-medical-center-nyappdiv-2001.

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