Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

WESLEY D. BAKER, plf-res v. CONTINENTAL INDUSTRIES GROUP, INC., def.-app

15-310/312. WESLEY D. BAKER, plf-res v. CONTINENTAL INDUSTRIES GROUP, INC., def.-app — Judgment (James E. d'Auguste, J.), entered April 4, 2014 and order (James E. d'Auguste, J.), entered October 1, 2014, affirmed, with one bill of $25 costs. Appeal from order (James E. d'Auguste, J.), entered February 4, 2014, dismissed, without costs, as subsumed in the appeal from the judgment.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

15-310/312. WESLEY D. BAKER, plf-res v. CONTINENTAL INDUSTRIES GROUP, INC., def.-app — Judgment (James E. d’Auguste, J.), entered April 4, 2014 and order (James E. d’Auguste, J.), entered October 1, 2014, affirmed, with one bill of $25 costs. Appeal from order (James E. d’Auguste, J.), entered February 4, 2014, dismissed, without costs, as subsumed in the appeal from the judgment.

Plaintiff established a prima facie entitlement to summary judgment on his breach of contract cause of action, to recover the unpaid portion of a sign-on bonus from his former employer. The governing employment agreement unambiguously provided for payment of a “one-time guaranteed minimum bonus of $50,000, payable in March 2011.” Inasmuch as this bonus was guaranteed and nondiscretionary, defendant’s failure to pay it when due constituted a breach of the contract of employment (see Simpson v. Lakeside Eng’g, P.C., 26 AD3d 882, 882-883 [2006], lv denied 7 NY3d 704 [2006]). In opposition, defendant failed to raise a triable issue that the bonus was conditioned on plaintiff’s performance. “Because the bonus clause is reasonably susceptible of only one interpretation, which may be gleaned from the face of the contract,” extrinsic evidence is inadmissible to vary the terms of the written agreement (Namad v. Salomon Inc., 74 NY2d 751, 753 [1989], affd 74 NY2d 751 [2008]) or to engraft a condition to payment not set forth in the agreement (see Woodmere Academy v. Steinberg, 41 NY2d 746 [1977]).

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
New York Legal Awards 2024
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
Pennsylvania Legal Awards 2024
May 15, 2024
Philadelphia, PA

The Legal Intelligencer honors lawyers leaving a mark on the legal community in Pennsylvania and Delaware.


Learn More
Consulting Leaders in Technology 2024
May 16, 2024
Dallas, TX

Consulting Magazine recognizes leaders in technology across three categories Leadership, Client Service and Innovation.


Learn More
Go to Events Go to Webcasts
EMPLOYEE BENEFITS ASSOCIATE

We are seeking an associate to join our Employee Benefits practice. Candidates should have three to six years of employee benefits experienc...


Apply Now ›
Associate Attorney

Associate attorney position at NJ Immigration Law firm: Leschak & Associates, LLC, based in Freehold, NJ, is looking for a full time ass...


Apply Now ›
Attorney

Seeking a compassionate and experienced estate administration attorney for growing boutique estate planning and elder law practice. Huge eq...


Apply Now ›
Go to Lawjobs
Clifford Law Offices, PC
04/29/2024
The National Law Journal

Professional Announcement


View Announcement ›
MELICK & PORTER, LLP
04/15/2024
Connecticut Law Tribune

MELICK & PORTER, LLP PROMOTES CONNECTICUT PARTNERS HOLLY ROGERS, STEVEN BANKS, and ALEXANDER AHRENS


View Announcement ›
Apruzzese, McDermott, Mastro & Murphy, P.C.
04/11/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Go to Professional Announcements