DEFENDANT MOVES TO DISMISS PLAINTIFF'S BREACH OF CONTRACT CLAIM FOR FAILURE TO STATE A CLAIM UNDER RULE 12(B)(6), ARGUING THE COMPLAINT DOES NOT PLEAD SUFFICIENT FACTS TO ESTABLISH THE EXISTENCE OF A VALID CONTRACT OR BREACH.
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Motion Type:    motion to dismiss
Jurisdiction:   SDNY
Court:          S.D.N.Y.
Version:        v1
Citations:      pending
Exported:       June 28, 2026 at 04:23 AM UTC
Run ID:         38ed6207-c14f-427a-99e7-080d93b4d629
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NOTICE: This document is a draft generated for review purposes only. It does not constitute legal advice and is not court-filing ready.
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PRELIMINARY STATEMENT

Defendant respectfully moves this Court to dismiss Plaintiff's breach of contract claim pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. Plaintiff's complaint fails to state a claim upon which relief can be granted, as it does not adequately plead the existence of a valid contract or any breach thereof.

STATEMENT OF RELEVANT FACTS

On January 1, 2023, Plaintiff entered into a written services agreement with Defendant. According to the complaint, Defendant failed to deliver the contracted services and did not provide any notice of its intent not to perform. These allegations, however, do not sufficiently establish the elements required for a breach of contract claim.

LEGAL STANDARD

To survive a motion to dismiss under Rule 12(b)(6), a complaint must contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face.' Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). The plaintiff must plead enough facts to raise a right to relief above the speculative level. NOTE: No verified legal citations were retrieved. This draft must be supplemented with properly researched authority before use.

ARGUMENT

Plaintiff's complaint fails to allege sufficient facts to establish the existence of a valid contract. While the complaint references a written services agreement, it does not provide details regarding the terms of the contract or the specific obligations of the parties. Furthermore, the claim of breach is unsupported by factual allegations that demonstrate how Defendant's actions constituted a failure to perform under the contract. Without these essential elements, Plaintiff's claim cannot survive a motion to dismiss.

CONCLUSION

For the reasons stated above, Defendant respectfully requests that this Court grant its motion to dismiss Plaintiff's breach of contract claim for failure to state a claim upon which relief can be granted.

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APPENDIX A -- CITATION VERIFICATION SUMMARY
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Total citations:  1
Pass:             0
Warn:             0
Fail:             0
Unknown:          0

Citation verification is limited to locally indexed opinions. Citations not in the corpus return not_found.