PRICE v. TUNECORE, INC.

653194/13.

182 A.D.3d 481 (2020)

122 N.Y.S.3d 618

2020 NY Slip Op 02284

Jeffrey T. Price, Appellant, v. TuneCore, Inc., Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided April 16, 2020.


Plaintiff Jeffrey T. Price is the former CEO of defendant TuneCore. With respect to plaintiff's claim that he did not receive his full base salary under the employment agreement with TuneCore, it is undisputed that he did not plead this cause of action and did not attempt to amend the complaint. It is well settled that a court should not consider the merits of a new theory of recovery, raised for the first time in opposition to a motion for summary judgment, that was not...

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