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 03:04 AM UTC
Run ID:         89e36776-6093-4a73-a45f-ee708e6d9edd
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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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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. The 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 failed to deliver the contracted services and did not provide 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 breach. Under Rule 12(b)(6), a motion to dismiss should be granted if the complaint does not contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face.' The plaintiff must provide more than mere labels and conclusions; factual allegations must be enough to raise a right to relief above the speculative level. In this case, Plaintiff's complaint fails to plead the essential elements of a breach of contract claim. Specifically, it does not adequately establish the existence of a valid contract or detail how Defendant's actions constituted a breach. Without these critical elements, the claim cannot survive a motion to dismiss. 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.