Under the governing memorandum, employees were to be rewarded for performance that resulted in new business but not to "receive" their commissions therefor until after defendant had invoiced the client for payment. We agree with the IAS Court that such terms are susceptible to an interpretation that plaintiff "earned" commissions before resigning from defendant's employ even though the client had not yet been invoiced. Given this ambiguity attributable, as the IAS Court ...
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