MOTION TO DISMISS BREACH OF CONTRACT CLAIM ──────────────────────────────────────────────────────────────────────── Motion Type: motion to dismiss Jurisdiction: Federal Court: S.D.N.Y. Version: v1 Citations: pending Exported: June 28, 2026 at 03:07 AM UTC Run ID: 1c0c5373-b7bd-4b04-a6d8-811cff24b45d ──────────────────────────────────────────────────────────────────────── NOTICE: This document is a draft generated for review purposes only. It does not constitute legal advice and is not court-filing ready. ──────────────────────────────────────────────────────────────────────── INTRODUCTION Defendant respectfully moves this Court to dismiss the breach of contract claim brought by Plaintiff. The claim lacks merit and should be dismissed for the reasons set forth below. STATEMENT OF FACTS On January 2023, Plaintiff entered into a services agreement with Defendant. Plaintiff alleges that Defendant failed to perform its obligations under the agreement. However, the specifics of the alleged breach and the circumstances surrounding it are insufficient to support a valid claim. LEGAL STANDARD A motion to dismiss under Rule 12(b)(6) of the Federal Rules of Civil Procedure tests the legal sufficiency of the complaint. To survive a motion to dismiss, a complaint must contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face.' ARGUMENT Plaintiff's breach of contract claim fails to meet the necessary legal standards. The complaint does not adequately allege the essential elements of a breach of contract, including the specifics of the breach and the damages incurred. As such, the claim should be dismissed. CONCLUSION For the foregoing reasons, Defendant respectfully requests that this Court grant its motion to dismiss the breach of contract claim against it.