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John Mezzalingua Assocs. LLC v. Braunschweig

Issue Exists if Severance Agreement's Non-Interference Clause Fully Satisfied

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MEMORANDUM DECISION AND ORDER I. INTRODUCTION   Plaintiff John Mezzalingua Associates, LLC filed a complaint in New York Supreme Court, Onondaga County against Defendant Darlene Braunschweig, a former employee, for breach of contract (First Claim) and tortious interference with prospective business relations (Second Claim). (Dkt. No. 2). On March 26, 2019, Defendant removed this action under 28 U.S.C. §1446 to this Court based on diversity jurisdiction under 28 U.S.C. §1332. (Dkt. Nos. 1, 2). Defendant now moves under Fed. R. Civ. P. 12(b)(6) to dismiss the complaint for failure to state a claim. (Dkt. No. 7). Plaintiff opposes. (Dkt. No. 12). For the reasons set forth below, the motion is denied as to Plaintiff’s breach of contract claim and granted as to the tortious interference claim. II. FACTS1 Plaintiff is a limited liability corporation located in Liverpool, New York “engaged in the business of manufacturing products and software for use in the construction of 5G wireless communication networks.” (Dkt. No. 2,

1, 5). Defendant was employed by Plaintiff as “Vice President, Business Development from November 17, 2014 until December 11, 2017″ and “represented [Plaintiff] in negotiations to have its products used in the buildout of 5G wireless network capabilities for the Resort World casino” “currently under construction in Las Vegas, Nevada.”2 (Id.

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