Wood v. Capital One Financial Corp.

The plaintiff brought this action seeking damages, among other things, for breach of contract in connection with a stock plan for which employees of North Fork Bank were eligible. The defendants contended that the plaintiff was not an “employee” within the meaning of the stock plan on the date her rights under the stock plan vested. Before discovery, the Supreme Court granted that branch of the plaintiffs motion which was for summary judgment on the issue of liability.

The Supreme Court properly granted that branch of the plaintiffs motion which was for summary judgment on the issue of…