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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