TULLETT AND TOKYO FOREX, INC. v. SANDOMENO


258 A.D.2d 427 (1999)

685 N.Y.S.2d 729

TULLETT AND TOKYO FOREX, INC., Appellant-Respondent, v. MARK SANDOMENO, Respondent-Appellant.

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

Decided February 25, 1999.


An issue of fact exists as to whether the parties' 1996 remuneration agreement was a novation discharging defendant employee's 1994 note to plaintiff employer or merely a modification of their 1994 remuneration agreement. This issue is raised by ambiguity in the 1996 agreement in this regard and conflicting extrinsic evidence of the parties' intent (see, Mallad Constr. Corp. v County Fed. Sav. & Loan Assn., 32 N.Y.2d 285, 293...

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