Berzin v. W.P. Carey & Co.

Order, Supreme Court, New York County (Charles Ramos, J.), entered March 27, 2001, which, in an action for breach of or rescission of an employment contract, granted defendant employer’s motion to dismiss the complaint for failure to state a cause of action, unanimously modified, on the law, to reinstate plaintiff employee’s claim for an additional severance payment based on a loan forgiveness, and, upon a search of the record pursuant to CPLR 3211 (c), to grant plaintiff summary judgment on his cause of action for breach of contract to the extent of defendant’s previous tender of severance…