Columbo v. Philips Bryant Park LLC

OPINION & ORDER Plaintiff Philip Columbo brought this action against his former employer, Philips Bryant Park LLC d/b/a The Bryant Park Hotel (the “Hotel”); corporations with ownership shares in the Hotel, Philips International Holding Corp., ASG Equities LLC, and Maverick Management Corp.; and executives of the Hotel or the corporations with ownership shares in the Hotel, Philip Pilevsky, Isaac Gindi, Ezra Sultan, Michael Pilevsky, Sheila Chess, and Seth Pilevsky (collectively, “Defendants”). Columbo also brought this action against XYZ Corporations 1-10, currently unknown affiliated entities, and against John and Jane Does 1-10, currently unknown individuals who controlled Columbo’s workplace, supervised him, or contributed to the conduct underlying his claims. Columbo raises claims sounding in contract, quasi contract, and tort, in addition to claims under various state and federal statutes. Before the Court is Defendants’ partial motion to dismiss, in which they seek dismissal of all claims against all Defendants, with the exception of Columbo’s breach-of-contract claim against the Hotel. For the reasons that follow, the motion to dismiss is granted in part, and denied in part. Defendants’ motion to dismiss is granted, save for its motion to dismiss Columbo’s conversion claims brought against Defendants Sheila Chess, Michael Pilevsky, and the Hotel. FACTUAL BACKGROUND The facts in this section and throughout are taken from the Complaint and its attachments and are assumed to be true for purposes of this motion. See Stadnick v. Vivint Solar, Inc., 861 F.3d 31, 35 (2d Cir. 2017); Chambers v. Time Warner, Inc., 282 F.3d 147, 153 (2d Cir. 2002) (holding a court may consider “documents attached to the complaint as an exhibit or incorporated in it by reference.”).¹ I. Plaintiff’s Employment at the Bryant Park Hotel Columbo was first employed by the Hotel in July 2002, beginning as an independent consultant. Compl.

1, 19. In April 2003, he became the Hotel’s Asset Manager and Managing Director, a full-time position, and remained employed by the Hotel in that role until August 2021. Id. His starting annual salary in this position was $264,000, and by March 2020, his annual salary was $375,000. Id.