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PERELLA WEINBERG PARTNERS LLC v. KRAMER

653488/15. 3853. 3852.

153 A.D.3d 443 (2017)

58 N.Y.S.3d 384

2017 NY Slip Op 06341

PERELLA WEINBERG PARTNERS LLC et al., Respondents, v. MICHAEL A. KRAMER et al., Appellants, et al., Defendant. MICHAEL A. KRAMER et al., Counterclaim Plaintiffs-Appellants, v. PERELLA WEINBERG PARTNERS LLC et al., Counterclaim Defendants-Respondents. MICHAEL A. KRAMER et al., Cross Claim Plaintiffs-Appellants, v. JOSEPH R. PERELLA et al., Third-Party Cross Claim Defendants-Respondents. PERELLA WEINBERG PARTNERS LLC et al., Plaintiffs, and PERELLA WEINBERG GROUP LP, Respondent, v. MICHAEL A. KRAMER et al., Appellants, et al., Defendants. MICHAEL A. KRAMER et al., Counterclaim Plaintiffs-Appellants, et al., Counterclaim Plaintiffs, v. PERELLA WEINBERG PARTNERS LLC et al., Counterclaim Defendants, and PERELLA WEINBERG PARTNERS GROUP, Counterclaim Defendant-Respondent. MICHAEL A. KRAMER et al., Cross Claim Plaintiffs-Appellants, et al., Cross Claim Plaintiffs, v. JOSEPH R. PERELLA et al., Third-Party Cross Claim Defendants-Respondents.

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

Decided August 29, 2017.

We find that, for the reasons that follow, defendants Kramer and Slonecker have failed to establish that the Deferred Compensation Amount Election Forms dated May 31, 2011 (Election Forms) unambiguously modified the terms of the Deferred Compensation Agreements dated May 30, 2007 (DCAs) to require payment of the deferred compensation accounts upon any separation from service, thereby entitling them to immediate payment of their deferred compensation accounts.

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