In a December 14, 2010 decision by Justice Pines, the court granted the defendant’s motion for summary judgment and dismissed the complaint in its entirety upon finding that the defendant established prima facie that the employment letter agreement from the defendant to the plaintiff setting forth the plaintiff’s starting salary and addressing the possibility of future salary increases was not an enforceable contract, but rather only an “agreement to agree.” The court found the plaintiff’s repeated statements as to his beliefs evidenced only that there was an agreement concerning additional compensation, but not that there was a meeting of the minds on clear and unambiguous compensation terms. Therefore, the court found that the plaintiff could not state claims for breach of contract, promissory estoppels or unjust enrichment.
Anschel v Neurology Assoc. of Stony Brook, Sup Ct, Suffolk County, December 14, 2010, Pines, J, Index no. 13849/08