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PRATT, JR. v. BII INC.

297 A.D.2d 542 (2002)

749 N.Y.S.2d 214

JOHN H. PRATT, JR., Respondent, v. BII INC. et al., Appellants.

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

Decided September 19, 2002.

Plaintiff was hired as BII's president pursuant to a letter of October 1993 which provided, inter alia, that plaintiff would get an annual bonus of 10% of the earnings after interest, before taxes, and which contained certain representations regarding BII's then-current and prospective profitability. In spring 1994, when plaintiff's review of financial records demonstrated that BII had not been profitable in 1993, he discussed his bonus clause with one of BII's owners and...

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