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 04:30 AM UTC
Run ID:         8300d021-0789-4449-8053-c94b2f441674
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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 allege sufficient facts to establish the existence of a valid contract or a breach thereof.

STATEMENT OF RELEVANT FACTS

On January 1, 2023, Plaintiff entered into a written services agreement with Defendant. Despite the obligations outlined in the agreement, Defendant failed to deliver the contracted services and did not provide any notice of its intent not to perform.

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 court must accept all allegations in the complaint as true and draw all reasonable inferences in favor of the plaintiff. However, mere conclusory statements or a formulaic recitation of the elements of a cause of action will not suffice. NOTE: No verified legal citations were retrieved. This draft must be supplemented with properly researched authority before use.

ARGUMENT

Plaintiff's complaint fails to adequately plead the existence of a valid contract. While it states that a written services agreement was entered into, it does not provide sufficient details regarding the terms of the contract or how Defendant's actions constituted a breach. Furthermore, the absence of any notice from Defendant regarding its intent not to perform does not establish a breach of contract. Without these essential elements, Plaintiff's claim cannot survive a motion to dismiss.

CONCLUSION

For the reasons set forth 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.