1. Home
  2. Browse Decisions
  3. A.D.3d
  4. 85 A.D.3d
  5. 85 A.D.3d 636 (2011)
 

FEROLITO v. VULTAGGIO

5419, 600396/08, 590967/08.

85 A.D.3d 636 (2011)

925 N.Y.S.2d 506

2011 NY Slip Op 5426

JOHN M. FEROLITO, Individually and as Cotrustee for the JOHN FEROLITO, JR. GRANTOR TRUST, et al. Respondents, et al., Plaintiff, v. DOMENICK J. VULTAGGIO et al., Appellants. (And a Third-Party Action.)

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

Decided June 23, 2011.

The owners' agreement defines employment separation event (ESE) as "[t]he voluntary agreement of an Executive to deem himself subject to an [ESE]." The motion court correctly found that this definition presents "a totally subjective standard, to be defined only by [the executive]" (see e.g. Ghanem v Upchurch, 481 F.3d 222, 225 [5th Cir 2007] ["We interpret the phrase `for what he deems (to be good and sufficient cause)' as vesting...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases