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Try CasePortal for FreeJ. Rakoff grants in part and denies in part a company’s motion to dismiss an employment and contract dispute. The employee provided consulting services for the company in exchange for a monthly salary and a 15 percent membership interest in the company. The employee claims he was wrongly terminated after he requested a tax distribution allegedly owed to him under the terms of the parties’ Operating Agreement, and he was expelled resulting in forfeiture of his membership interest. The employer's motion to dismiss allegations of breach of the Operating Agreement, breach of implied good faith and fair dealing, alleged conversion, demand of an accounting and unenforceable contractual provisions is granted. The employee is granted leave to amend his breach of Operating Agreement claim.