Candela v. Byron Chemical Company Inc.

Decision Date05 August 2008
Docket NumberNo. 2006-10363,2006-10363
Citation54 A.D.3d 306,2008 NY Slip Op 6543,863 N.Y.S.2d 230
PartiesLAURA CANDELA, Respondent, v. BYRON CHEMICAL COMPANY, INC., Appellant, et al., Defendant.
CourtNew York Supreme Court — Appellate Division

Upon review of a determination rendered after a nonjury trial, this Court's authority "is as broad as that of the trial court," and this Court may "render the judgment it finds warranted by the facts, taking into account in a close case the fact that the trial judge had the advantage of seeing the witnesses" (Northern Westchester Professional Park Assoc. v Town of Bedford, 60 NY2d 492, 499 [1983] [citations and internal quotation marks omitted]; see Yonkers Contr. Co., Inc. v Romano Enters. of N.Y., Inc., 40 AD3d 629 [2007]). There is no basis to disturb the Supreme Court's determination in this case that paragraph 6 (a) of the employment contract between the plaintiff and the defendant Byron Chemical Company, Inc. (hereinafter Byron), required Byron to pay the plaintiff annual bonus payments equal to 10% of its gross profits (as opposed to net profits).

Byron's remaining contentions are without merit.

Since this is, in part, a declaratory judgment action, the Supreme Court, Nassau County, should have included in the judgment appealed from an appropriate declaration in favor of...

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3 cases
  • Lewin v. Levine
    • United States
    • New York Supreme Court — Appellate Division
    • January 11, 2017
    ...N.E.2d 809 ; Novair Mech. Corp. v. Universal Mgt. & Contr. Corp., 81 A.D.3d 909, 909–910, 917 N.Y.S.2d 876 ; Candela v. Byron Chem. Co., Inc., 54 A.D.3d 306, 863 N.Y.S.2d 230 ). It is fundamental to the law of damages that one complaining of injury has the burden of proving the extent of th......
  • Bianco v. Flushing Hospital Medical Center
    • United States
    • New York Supreme Court — Appellate Division
    • August 5, 2008
  • Candela v. Byron Chem. Co., Inc.
    • United States
    • New York Court of Appeals Court of Appeals
    • December 17, 2008
    ...BYRON CHEM. CO., INC. Mo. No. 1213 Court of Appeals of the State of New York. Decided December 17, 2008. Appeal from 2d Dept.: 54 A.D.3d 306, 863 N.Y.S.2d 230. Motion for leave to appeal ...

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