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CUTTINO v. WEST SIDE ADVISORS, LLC

8852, 103895/09.

101 A.D.3d 567 (2012)

956 N.Y.S.2d 49

2012 NY Slip Op 8796

DAVID CUTTINO, Respondent, v. WEST SIDE ADVISORS, LLC, Appellant.

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

December 20, 2012.

The evidence, including plaintiff's testimony, defendant's internal correspondence and bookkeeping records, when viewed favorably to the plaintiff on defendant's motion for summary judgment (see Vega v Restani Constr. Corp., 18 N.Y.3d 499, 503 [2012]), raises triable issues as to whether the parties orally agreed to extend the terms of plaintiff's 2007 compensation agreement into 2008...

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