Rut v. Young Adult Institute, Inc.

In an action to recover damages for breach of contract and breach of fiduciary duty, the plaintiff appeals from an order of the Supreme Court, Nassau County (Feinman, J.), dated December 10, 2008, which granted the defendants’ motion to dismiss the complaint pursuant to CPLR 3211.

Ordered that the order is affirmed; with costs.

The plaintiffs husband, an employee of the defendant Young Adult Institute, Inc. (hereinafter YAI), for more than 25 years, died in 2006 while still employed by YAI. At that time, the plaintiff became the successor beneficiary of her husband’s retirement and employee…