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NEWMARK & CO. REAL ESTATE, INC. v. FRISCHER

1732, 650769/12.

145 A.D.3d 421 (2016)

2016 NY Slip Op 08100

41 N.Y.S.3d 694

NEWMARK & COMPANY REAL ESTATE, INC., Respondent/ Counterclaim Defendant-Respondent, v. PAUL FRISCHER, Appellant/Counterclaim Plaintiff-Appellant, et al., Defendant.

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

Decided December 1, 2016.

The operative employee handbook stating, inter alia, that bonuses were paid at the sole discretion of plaintiff, and the acknowledgment of the handbook's terms signed by defendant, conclusively refute the counterclaims based on the alleged oral promise to pay an annual nondiscretionary bonus (see Kaplan v Capital Co. of Am., 298 A.D.2d 110 [1st Dept 2002], lv denied 99 N.Y.2d 510 [2003]).

Nor was the discretionary...

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