GOREY v. ALLION HEALTHCARE, INC.

2008-09537

72 A.D.3d 640 (2010)

898 N.Y.S.2d 603

BROUGHAN E. GOREY, Respondent-Appellant, v. ALLION HEALTHCARE, INC., Appellant-Respondent.

Appellate Division of the Supreme Court of New York, Second Department.

Decided April 6, 2010.


Ordered that the judgment is affirmed, without costs or disbursements.

Contrary to the defendant's contention, the Supreme Court properly determined in an order dated January 7, 2008, that the provision of the employment agreement between the parties which referred to an executive bonus plan was ambiguous and, thus, the meaning of that provision presented a triable issue of fact, precluding summary judgment dismissing so much of the first cause of action as alleged...

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