American Capital Access Service Corp. v. Muessel

*396Order, Supreme Court, New York County (Richard B. Lowe, III, J.), entered November 2, 2005, which, inter alia, granted defendant’s motion for summary judgment on her first counterclaim for breach and repudiation of contract and directed judgment in her favor in the amount of $3,133,705.01, with interest, unanimously affirmed, with costs.

Plaintiffs now concede that they anticipatorily breached the parties’ 2004 employment agreement but maintain that defendant was not entitled to recover under section 8 (d)’s severance provision since she was terminated prior to the effective date of the…