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GEBBIA v. TORONTO-DOMINION BANK

306 A.D.2d 37 (2003)

762 N.Y.S.2d 38

JOHN J. GEBBIA et al., Appellants, v. TORONTO-DOMINION BANK et al., Respondents.

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

Decided June 5, 2003.

The retention agreements relied upon by plaintiffs, although ambiguous, may be reasonably construed to obligate defendants to pay the Gebbia sons and James Antosh their salaries and the management bonus pool payments for three years. Accordingly, dismissal, pursuant to CPLR 3211 (a) (7), of plaintiffs' cause for breach of such an obligation was not warranted (see TSR Consulting Servs. v Steinhouse, 267 A.D.2d 25 [1999]).

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