NANCY SCHIANO, plf-res, v. MARINA, INC. def-ap, GLENN SCHLOSSBERG, def

9221. NANCY SCHIANO, plf-res, v. MARINA, INC. def-ap, GLENN SCHLOSSBERG, def — Sills Cummis & Gross P.C., New York (Katherine M. Lieb of counsel), for ap — Ballon Stoll Bader & Nadler, P.C., New York (Rudy A. Dermesropian of counsel), for res — Order, Supreme Court, New York County (Judith J. Gische, J.), entered May 2, 2012, which, to the extent appealed from, denied defendants’ motion for summary judgment dismissing the cause of action for breach of employment agreement as against Marina Inc. and Jump Apparel Co. Inc. and the cause of action for breach of shareholders’ agreement as against Helen S. Brown, as executrix of the estate of Mark Brown, unanimously modified, on the law, to grant the motion as to the cause of action for breach of employment agreement, and otherwise affirmed, without costs.

Plaintiff’s employment agreement states, “The term of this Agreement shall commence on the date Employee [plaintiff] commences full time employment with the Company [Marina]…” Plaintiff’s own deposition testimony shows that she never commenced full-time employment with Marina. She was employed by Jump, and she knew it. She attempted to have Marina established as a company independent of Jump, but she did not succeed in doing so.