District Court Partially Denies Motion to Dismiss for Failure to Allege Ulterior Motives

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Plaintiff Vincent Licata agreed to sell the assets of his temporary employment services businesses to Tri-State Employment Services, Inc., a New York corporation (Tri-State). An affiliate of Tri-State (Services) had previously negotiated the purchase and formed an entity that would facilitate the acquisition. The plaintiff and Tri-State also entered into an employment agreement which named Plaintiff vice-president of Tri-State and included various commission-based compensation clauses.

The plaintiff claims that defendants Services and Robert Cassera (according to the complaint, Tri-State’s President and Chairman) interfered with his ability to get commissions by causing his clients to terminate their relationships with Tri-State. The plaintiff further alleges that Services and Cassera, through their affiliated entity Defendant Corporate Resource Services, Inc. (Corporate Resource), acquired a business without paying the plaintiff a commission required under his employment agreement. The defendants moved to dismiss the plaintiff’s claim for tortious interference with a business relationship.

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Published In: Business Torts Updates, Civil Procedure Updates, Civil Remedies Updates, General Business Updates, Labor & Employment Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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