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KAPLAN v. CAPITAL COMPANY OF AMERICA LLC

298 A.D.2d 110 (2002)

747 N.Y.S.2d 504

BRETT R. KAPLAN, Appellant, v. CAPITAL COMPANY OF AMERICA LLC et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided October 1, 2002.

The court properly dismissed plaintiff's breach of contract claims since he had no contractual right to the bonuses he seeks to recover. Although ordinarily the question of whether unpaid compensation constitutes a discretionary bonus or nonforfeitable earned wages is a question of fact (see Mirchel v RMJ Sec. Corp., 205 A.D.2d 388, 389), here the bonus compensation sought was clearly stated in the company handbook to be purely discretionary...

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