Conant v Alto 53, LLC
2008 NY Slip Op 33347(U)
December 10, 2008
Supreme Court, New York County
Docket Number: 602408/2008
Judge: O. Peter Sherwood
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SUPREME COURT OF THE STATE OF NEW YOR kl - NEW YORK COUNTY
Notice of Motlonl Order to Show Cause - Affldavlts - Exhibits ...
Answering Affidavits - Exhiblts
0. PETER SHERWOOP
ALTO 53, LLC,
INDEX NO. -
Oct. 7, 2008
MOTION SEQ. NO. A
MOTION CAL. NO.
The foilowlng papers, numbered 1 to
10 were read on this motion tp dismiss pursuant to CPLR 3211
Cross-Motion: 0 Yes n No
Upon the foregoing papers, counterclaim plaintiffs’ motion to dismiss the complaint
pursuant to CPLR 3211 (a) (7) and plaintiffs cross motion for summary judgment pursuant
to CPLR 3212 are resolved in accordance with the accomp
this same date.
This constitutes the decision and order of the Court.
PETER SHERWOOD, J.S.C.
6 N - F I N A L DISPOSITION
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[* 1 ]
Index No. 6Q24Q8I2OQ8
ALTO 53, LLC,
In this action to recover money damages and attorney’s fees for breach and anticipatory
breach of an employment “separation agreement”, defendant and counterclaim plaintiff Alto 53, LLC
(“Alto 53”) and counterclaim plaintiff Christopher Cannon (“Cannon”) (hereinafter referred to
collectively as “movants” or “counterclaim plaintiffs”) move for an order pursuant to CPLR § 321 1
(a) (7) dismissing the complaint for failure to state a cause of action. Plaintiff and counterclaim
defendant Scott Conant (“Conant”, “plaintiff” or cLcross movant”)) cross moves for an order pursuan