Candela v. Byron Chemical Company Inc.
Decision Date | 05 August 2008 |
Docket Number | No. 2006-10363,2006-10363 |
Citation | 54 A.D.3d 306,2008 NY Slip Op 6543,863 N.Y.S.2d 230 |
Parties | LAURA CANDELA, Respondent, v. BYRON CHEMICAL COMPANY, INC., Appellant, et al., Defendant. |
Court | New 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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