The court erred in granting plaintiff summary judgment on his claim for a share of defendant Samson Construction Co., Inc.'s net profits. Although, pursuant to his employment agreement, plaintiff was to receive, inter alia, 50% of Samson's net profits, the record clearly presents triable issues as to whether plaintiff has been paid the amounts sought, and whether Samson operated at a net loss in 2007. In its determination of the motion, the court should not have considered...
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