BERGER v. ROOSEVELT INV. GROUP INC.


28 A.D.3d 345 (2006)

813 N.Y.S.2d 419

HAROLD BERGER, Appellant, v. ROOSEVELT INVESTMENT GROUP INC., Respondent.

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

April 20, 2006.


After a series of oral agreements setting forth plaintiff's salary and commissions for his at-will employment as a salesperson at defendant asset management firm, the parties entered into a written agreement setting forth a new commission structure. The agreement also indicated that plaintiff would not receive any posttermination commissions. The contract contained a merger clause providing that the agreement superseded any prior understandings or agreements, whether oral...

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