The following e-filed documents, listed by NYSCEF document number (Motion 001) 4, 5, 6, 7, 8, 9, 10, 11 were read on this motion to/for DISMISS. DECISION + ORDER ON MOTION In July 2021, plaintiff Marc Kushner commenced this action by summons and complaint against his former employer, defendant Carter Ledyard & Milburn LLP (CLM), alleging that his one-year contract automatically renewed and was in effect when defendant reduced his base salary and failed to abide by the termination provision, requiring that termination be “for cause” and upon 60 days’ notice. The four-count verified complaint asserts causes of action for: (1) breach of contract; (2) violation of Labor Law §193; (3) defamation; and (4) violation of Labor Law §198 (NYSCEF Doc. Nos. 1-2, summons and complaint). CLM moves to dismiss the complaint pursuant to CPLR 3211(a)(7) (NYSCEF Doc. No. 4, notice of motion). As an initial matter, this court shall only address the breach of contract claim because plaintiff, in opposition to the instant motion, withdraws the third and fourth causes of action. Plaintiff explains that his damages, under the third cause of action for defamation, are due to be reimbursed, as withdraws this claim as moot. Plaintiff withdraws the fourth cause of action for violation of Labor Law §198 after “due considerations of the authorities cited by defendant” (NYSCEF Doc. No. 10, plaintiff’s brief in opposition at 7-8). As concerns the second cause of action for violation of Labor Law §193, by stipulation dated May 31, 2022, the parties have discontinued it with prejudice (NYSCEF Doc. No. 12, stipulation of discontinuance). Accordingly, CLM’s motion to dismiss is granted to the extent of dismissing the second, third and fourth causes of action. By “Admission Agreement,” dated February 1, 2017 (“2017 Agreement”), defendant agreed to engage plaintiff as a “Special Partner of the Firm and chair of the Firm’s Tax department…for a term ending March 31, 2018 (‘Ending Date’)” (NYSCEF Doc. No. 7 1, 2017 Agreement; 2 7, complaint). In pertinent part, the 2017 Agreement provides as follows: “If the Firm wishes to enter into a further agreement with the New Partner, it shall propose terms and conditions at least sixty (60) days before the Ending Date. In December 2017 the Firm’s Executive Committee will determine, in its sole discretion, whether it will recommend to the Firm’s Equity Partners that they should elect him an Equity Partner in the Firm. If no further agreement is reached between the New Partner and the Firm concerning the New Partner’s relationship to the Firm, as of the Ending Date the New Partner shall cease to be a Partner of the Firm” (2017 Agreement, 1; see complaint,
9, 10). In other pertinent part, the 2017 Agreement provides for a base salary of $25,000.00 per month in addition to twenty-five (25%) percent of all fee collections that plaintiff originates (2017 Agreement, 2 [b]; see complaint,
