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.
────────────────────────────────────────────────────────────────────────
Motion Type:    motion to dismiss
Jurisdiction:   SDNY
Court:          S.D.N.Y.
Version:        v1
Citations:      pending
Exported:       June 28, 2026 at 04:15 AM UTC
Run ID:         6fccd7c7-62a3-4bb2-8f18-fb7dbfd841fc
────────────────────────────────────────────────────────────────────────
NOTICE: This document is a draft generated for review purposes only. It does not constitute legal advice and is not court-filing ready.
────────────────────────────────────────────────────────────────────────

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 allege sufficient facts to establish the existence of a valid contract or any breach thereof. On January 1, 2023, Plaintiff entered into a written services agreement with Defendant. According to the complaint, Defendant has not delivered the contracted services and has not provided any notice of its intent not to perform. However, the complaint lacks specific factual allegations that demonstrate the existence of a valid contract or the nature of the alleged breach. Under Rule 12(b)(6), a motion to dismiss should be granted if the complaint does not state a claim upon which relief can be granted. The plaintiff must provide enough factual matter to raise a right to relief above the speculative level. A mere recitation of the elements of a claim is insufficient. Plaintiff's complaint fails to adequately plead the existence of a valid contract. The mere existence of a written agreement does not suffice; Plaintiff must also demonstrate that the terms of the contract were clear and that Defendant's actions constituted a breach. The absence of specific factual allegations regarding the terms of the contract and the nature of the breach warrants dismissal of the claim. 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.