Corbett v Bristol Dev. Corp.
2021 NY Slip Op 04099 [195 AD3d 564]
June 29, 2021
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 4, 2021


[*1]
 Judy Corbett, Respondent,
v
Bristol Development Corp., Appellant.

DCL Firm (DeCristofaro Law), New York (Jason R. Mischel of counsel), for appellant.

Steven R. Goldberg, New York, for respondent.

Order, Supreme Court, New York County (Gerald Lebovits, J.), entered on or about June 3, 2020, which, insofar as appealed from as limited by the briefs, denied defendant's motion to dismiss the breach of contract claim, unanimously affirmed, with costs.

The court correctly denied defendant's motion to dismiss plaintiff's breach of contract claim seeking to recover remaining severance payments owed pursuant to the letters from defendant promising a severance package contingent upon plaintiff's continuing her employment until defendant closed or plaintiff was terminated based on conditions set by defendant (see e.g. Berzin v Carey & Co., 293 AD2d 320, 321 [1st Dept 2002]). We reject defendant's contention that the cause of action should be dismissed because its agreement to pay severance was not legally enforceable due to a lack of consideration on the part of plaintiff. Concur—Manzanet-Daniels, J.P., Kern, Mazzarelli, Shulman, JJ. [Prior Case History: 67 Misc 3d 1224(A), 2020 NY Slip Op 50631(U).]