D'AMATO v. MORGAN STANLEY DEAN WITTER DISCOVER & CO.


268 A.D.2d 392 (2000)

701 N.Y.S.2d 431

JOHN D'AMATO, Appellant, v. MORGAN STANLEY DEAN WITTER DISCOVER & CO. et al., Respondents.

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

Decided January 27, 2000.


The action was properly dismissed on the ground that the "Productivity Compensation Plan" that plaintiff claims defendants breached clearly provides that, as an incentive to "retain and recruit key Account Executives", payment of any "award" is to be deferred for five years and forfeited if, as occurred here, the employee was no longer employed by defendants at the end of such five-year period (see, Hall v United Parcel Serv., 76 N.Y.2d 27

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