MATTER OF PRIDE TECHNOLOGIES OF OHIO, LLC v. PHILPOTT

8011. 152363/17.

168 A.D.3d 422 (2019)

88 N.Y.S.3d 876

2019 NY Slip Op 00048

In the Matter of Pride Technologies of Ohio, LLC, Appellant, v. Chris Philpott, Respondent.

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

Decided January 3, 2019.


The arbitrator did not rewrite the parties' profit sharing agreement, nor was it irrational for her to determine that such agreement provides not only that its effective date is February 7, 2007, but also that respondent's profit interest will be credited or debited during "each full calendar year of employment," which, consistent with that provision, includes years preceding 2008 (see e.g. Azrielant v Azrielant, 301 A.D.2d 269,...

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