Castlestone Management LLC v. Diamond

Order, Supreme Court, New York County (Barry R. Ostrager, J.), entered December 10, 2015, which denied defendant’s motion to dismiss the complaint, unanimously reversed, on the law, with costs, and the motion granted. The Clerk is directed to enter judgment dismissing the complaint.

Plaintiff seeks reimbursement, pursuant to an oral agreement with defendant, of sums it paid to settle claims brought against it by another former employee based on allegations of discrimination and harassment by defendant. Plaintiff acquired the legal right to demand reimbursement from defendant when it made the…