DENHAESE v. BUFFALO SPINE SURGERY, PLLC

830 CA 15-02171.

144 A.D.3d 1519 (2016)

2016 NY Slip Op 07437

40 N.Y.S.3d 851

RYAN P. DENHAESE, Respondent, v. BUFFALO SPINE SURGERY, PLLC, Appellant.

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

Decided November 10, 2016.


It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: In an action to recover bonuses that had allegedly accrued during plaintiff's employment with defendant, defendant appeals from an order that, inter alia, denied in part its motion for summary judgment dismissing the complaint.

Contrary to defendant's contention, there are questions of fact whether the payment of plaintiff's bonuses were "`solely and completely...

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