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Longplay LLC v. Sokoloff-Schaffer

Summary Dismissal of Contract Breach Claim Impossible Without Further Developed Record

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DECISION & ORDER   Defendants move (seq.no. 001) to dismiss the complaint on grounds of documentary evidence (CPLR [a] [1]) and failure to state a claim (CPLR [a] [7]). Plaintiff opposes the motion and cross-moves for an order deeming its late filing of affidavits of service of process as timely, nunc pro tunc (CPLR 2004), and for sanctions (22 NYCRR 130-1.1). Per the complaint,1 plaintiff, a California limited liability company, is engaged in the business of providing “business development and creative marketing services, including branding strategy and design” (Complaint 3). A document titled “Work Proposal,” dated October 22, 2016, was prepared by plaintiff describing services that it was prepared to provide for a three-month period “to help ADKOA to define its 2020 Strategy” in exchange for payment of $5,000 per month plus tax; a success fee of $7,500 in the event of the materialization of a successful business opportunity that was presented by plaintiff; and expenses, as fixed in that Work Proposal (NYSCEF Doc. No. 16). The Work Proposal also contains a late payment penalty of “20 percent more per month,” although it is unclear whether that is applied to the base monthly payment amount or to said amount plus any additional success fee and expenses. The complaint identifies individual defendants Sokoloff-Schaffer and Cruz as founders and principal shareholders “of ADKOA,” a New York limited liability company (Complaint

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