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GUNTHEL v. DEUTSCHE BANK AG

32 A.D.3d 335 (2006)

821 N.Y.S.2d 160

RICHARD GUNTHEL et al., Appellants, v. DEUTSCHE BANK AG et al., Respondents.

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

August 24, 2006.

The motion court properly dismissed the first and fifth causes of action. The terms of the carried interest plans are clear and unambiguous on their face (see ABS Partnership v AirTran Airways, 1 A.D.3d 24, 29 [2003]). Contrary to plaintiffs' claim, there is nothing in paragraph 7.3 (h) of section III of the carried interest plans which requires defendants to offer plaintiffs the opportunity to participate in the conversion plan...

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