Pryor Cashman Obtains Major Court Victory for The Dedalus Foundation
Partners Perry Amsellem and William Charron, members of Pryor Cashman’s Litigation Group, recently obtained a major victory for firm client The Dedalus Foundation f/k/a The Robert Motherwell Foundation, a non-profit corporation dedicated to promoting American Abstract Expressionism.
In Joan Banach v. The Dedalus Foundation, Inc., No. 600918/2009 (N.Y. Supreme Court, N.Y. Co., Scarpulla, J.), Ms. Banach, a former board member, officer and employee of Dedalus, claimed to have been wrongfully terminated from each of her positions in violation of an alleged lifetime employment contract, as well as statutory law governing notice of board member removal. She also made a claim of promissory estoppel.
Pryor Cashman moved to dismiss with prejudice each of plaintiff’s contract, promissory estoppel and statutory notice claims at the pre-Answer stage on the basis of conclusive documentary evidence that rebutted each of those claims.
In its May 27, 2010 decision, the Court granted Pryor Cashman’s motion in full, dismissing 6 of the 7 claims in the complaint with prejudice, in the absence of any discovery. To read the decision, please click here.
