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KIM v. CAPITAL MKTS PLACEMENT

67238/10

45 Misc.3d 271 (2013)

990 N.Y.S.2d 769

2013 NY Slip Op 23469

NICHOLAS KIM, Plaintiff, v. CAPITAL MARKETS PLACEMENT, LLC, Defendant.

Civil Court of the City of New York, New York County.

November 12, 2013.

Attorney(s) appearing for the Case

D. Sam Han , New York City, for plaintiff.

Sanders Long LLP, New York City ( Adam Sanders of counsel), for defendant.

OPINION OF THE COURT

JAMES E. D'AUGUSTE, J.

Plaintiff Nicholas Kim has filed a motion to dismiss defendant Capital Markets Placement, LLC's counterclaim premised upon (1) documentary evidence, (2) a failure to state a cause of action and, in the alternative, (3) a failure to join a necessary party.

Kim was a Capital Markets at-will employee placed as a consultant with Western Management Company. Kim's employment contract with Capital Markets contained...

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