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:         b09ca402-0cac-4c4c-b003-b174e08c1e5b
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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 plead sufficient facts to establish 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. Subsequently, Defendant failed to deliver the contracted services and did not provide any notice of its intent not to perform under the agreement.

LEGAL STANDARD

A motion to dismiss under Rule 12(b)(6) tests the 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.' NOTE: No verified legal citations were retrieved. This draft must be supplemented with properly researched authority before use.

ARGUMENT

Plaintiff's complaint does not adequately allege the existence of a valid contract. While a written agreement was executed, the complaint fails to provide specific details regarding the terms of the contract or the obligations of the parties. Furthermore, the absence of any allegations regarding the breach of those terms undermines the claim. Without these essential elements, Plaintiff's breach of contract claim cannot stand.

CONCLUSION

For the foregoing reasons, 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.