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Decided on August 24, 2010
Supreme Court, New York County

602848/07

Counsel for Plaintiff: Kelly L. Murtha of Cascione, Purcigliotti & Galluzzi P.C.
No Appearance by Defendant.
Eileen A. Rakower, J.

George Bardis ("Plaintiff") brings this action against defendant 14th Street Gym, LLC ("Defendant") seeking damages based upon Defendant's alleged breach of an employment agreement between Plaintiff and Defendant. Plaintiff also alleges causes of action for unjust enrichment and wrongful termination.
According to the complaint, Plaintiff, an experienced sports and fitness consultant, entered into an agreement with Defendant to help design and build a new fitness center at 244 East 14th Street in Manhattan, known as Citifitness, and to manage the day-to-day operations of the center thereafter. This agreement was memorialized in an Employment Contract ("the contract"), which was signed by the parties on November 27, 2006. A copy of the contract is annexed as an exhibit to Plaintiff's complaint, which is annexed as an exhibit to Plaintiff's motion; a separate copy is independently annexed as an exhibit to the motion as well.
The contract between Plaintiff and Defendant provided that Plaintiff was hired for a period of three years from the date of signing. For the first year of Plaintiff's employment, he would receive a base salary of $55,000.00, plus commissions and bonuses. In addition, Defendant guaranteed that Plaintiff would receive a minimum of $80,000.00, inclusive of base salary plus commissions and bonuses, during his first [*2]year of employment. Thereafter, additional bonuses or increases in salary would be negotiated at a later date. Under the contract, Plaintiff was to be paid either weekly or bi-weekly.
The contract further provided that the agreement between the parties could be cancelled by either party on 15 days written notice. However, Section 13(B) of the contract provided that in the event that the contract should be terminated for anything other than "cause", Plaintiff would be entitled to receive a flat commission of $25,000 per year for the second and third years of the contract.
According to the complaint, on April 6, 2007, Plaintiff met with four of the principals of Defendant: Anthony Gaudio, Michael Delprete, Mark Kraus and Joel Weitzman. At this meeting, Plaintiff was told that customers had not signed up for gym memberships in quantities hoped for, and that Plaintiff's employment was no longer desired. Plaintiff was specifically told at this meeting that he was being terminated solely due to the fact that Defendant lacked the funds to continue paying him. Plaintiff further and affirmatively avers in his complaint that no cause existed for his termination, and that Defendant never provided 15 days written notice of his termination. Plaintiff's final day of employment with Defendant was April 13, 2007. Plaintiff commenced this action on August 23, 2007. Plaintiff seeks judgment in the amount of $93,075.00. Of this sum, $43,075.00 represents payment for the remainder of his guaranteed first-year salary of $80,000.00 (Plaintiff states in his complaint that he drew a weekly salary during the 24 weeks that he was employed by Defendant); while $50,000.00 represents compensation for the second and third years of the contract, pursuant to Section 13(B) of the contract.
Presently before the court is a Plaintiff's motion for an order striking Defendant's answer pursuant to CPLR

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