PETITT v. LMZ SOLUBLE COFFEE, INC.

2610, 652968/15.

146 A.D.3d 414 (2017)

2017 NY Slip Op 00018

43 N.Y.S.3d 742

MARY PETITT, Appellant, v. LMZ SOLUBLE COFFEE, INC., Respondent.

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

Decided January 3, 2017.


The subject employment agreement contains an ambiguous provision regarding deferred compensation that can be read as indicating that plaintiff was to be employed for five years. Considered in conjunction with the five-year payment schedules and targets in the agreement, this ambiguous provision precludes a determination as a matter of law of the parties' intentions as to the term of plaintiff's employment (see Crabtree v Elizabeth Arden Sales Corp.,

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