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McCABE v. COMMAND FIN. PRESS CORP.

Index No. 655649/17. Appeal No. 13759. Case No. 2020-04413.

194 A.D.3d 418 (2021)

143 N.Y.S.3d 215

2021 NY Slip Op 02753

Peter McCabe, Appellant, v. Command Financial Press Corporation, Respondent.

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

Decided May 4, 2021.

Attorney(s) appearing for the Case

Cozen O'Connor, New York ( Rachel H. Bevans of counsel), for appellant.

Donnelly Minter & Kelly, LLC, New York ( Jared J. Limbach of counsel), for respondent.

Concur— Acosta, P.J., Manzanet-Daniels, Moulton, Scarpulla, JJ.

Section 4(b) of the parties' employment agreement unambiguously provides that plaintiff was entitled to certain commissions during the course of his employment with defendant. Nothing in this section indicates that plaintiff would be paid such commissions for the rest of his life. Contrary to plaintiff's contentions, "[u]nless a contract expressly provides for perpetual performance, the law will not imply that a contract calling...

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