New City, NY
McDowell Hetherington attorneys Matt Matthews and Andrew Kasner recently prevailed at summary judgment in a case pending before the Rockland County, New York Supreme Court. The plaintiff, a former broker and salesman, alleged that MH’s client owed him money under the terms of a sales contract. The plaintiff pursued claims for breach of contract, unjust enrichment, and accounting, and he sought damages in excess of seven figures. MH moved for summary judgment on a variety of grounds. But principally, MH argued that a separate contract, a severance agreement, terminated the parties’ entire relationship––including the plaintiff’s right to receive money under the sales contract. The Court agreed with MH’s interpretation of the relevant contracts and concluded that the severance agreement in fact terminated the parties’ relationship. As a result, the Court granted MH’s motion in its entirety and rendered judgment in favor of MH’s client.
Originally Published on September 24, 2020