Opinion
9922 Index 652781/15
10-22-2019
Raphael HADDOCK, Plaintiff-Respondent, v. IDLE MEDIA INC., Defendant-Appellant.
Adelman Matz, P.C., New York (David Marcus of counsel), for appellant. Schlam Stone & Dolan LLP, New York (Joshua D. Wurtzel of counsel), for respondent.
Adelman Matz, P.C., New York (David Marcus of counsel), for appellant.
Schlam Stone & Dolan LLP, New York (Joshua D. Wurtzel of counsel), for respondent.
Friedman, J.P., Renwick, Tom, Gesmer, Oing, JJ.
Order, Supreme Court, New York County (Melissa A. Crane, J.), entered on or about July 8, 2018, which denied defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Summary judgment was properly denied in this breach of contract action. The record presents a number of outstanding issues of fact, including whether plaintiff was terminated for cause by virtue of defendant's May 8th letter or whether that letter merely served to notify plaintiff of defendant's contractual rights not to renew the parties' employment agreement and whether plaintiff was constructively terminated due to defendant's actions (see S.J. Capelin Assoc. v. Globe Mfg. Corp. , 34 N.Y.2d 338, 341, 357 N.Y.S.2d 478, 313 N.E.2d 776 [1974] ; see also Doumbia v. Moonlight Towing, Inc. , 160 A.D.3d 554, 71 N.Y.S.3d 884 [1st Dept. 2018] ).
We have considered defendant's remaining contentions and find them unavailing.