Radnay v. Schor

Defendant moves to dismiss each of the three causes of action contained in the second amended complaint pursuant to paragraphs 5 and 7 of subdivision (a) of rule 3211 of the Civil Practice Law and Rules.

The first cause of action is based upon alleged fraud in inducing plaintiff to accept a lesser amount of remuneration, the second upon a breach of an employment contract and the third upon the theory of quantum meruit. For the purposes of this motion the court, as it must, assumes the truth of the allegations contained in the complaint as hereinafter set forth.

While defendant is a person duly…