Critelli v. Commonwealth Land Title Ins. Co.

• Decision Date: 08 August 2012
• Citation: 98 A.D.3d 556,2012 N.Y. Slip Op. 05906,949 N.Y.S.2d 487
• Parties: Steven CRITELLI, appellant, v. COMMONWEALTH LAND TITLE INSURANCE COMPANY, respondent.
• Court: New York Supreme Court — Appellate Division

98 A.D.3d 556

949 N.Y.S.2d 487

2012 N.Y. Slip Op. 05906

Steven CRITELLI, appellant,

v.COMMONWEALTH LAND TITLE INSURANCE COMPANY, respondent.

Supreme Court, Appellate Division, Second Department, New York.

Aug. 8, 2012.

Dandeneau & Lott, Melville, N.Y. (Gerald V. Dandeneau and Dawn A. Lott of counsel), for appellant.

Littler Mendelson, P.C., New York, N.Y. (Andrew P. Marks of counsel), and Bracken Margolin Besunder, LLP, Islandia, N.Y. (Harvey B. Besunder of counsel), for respondent(one brief filed).

PETER B. SKELOS, J.P., RUTH C. BALKIN, PLUMMER E. LOTT, and ROBERT J. MILLER, JJ.

In an action to recover damages for breach of an employment agreement, the plaintiff appeals from so much of an order of the Supreme Court, Suffolk County(Emerson, J.), dated June 10, 2011, as granted the defendant's cross motion for summary judgment dismissing the complaint.

ORDERED that the order is reversed insofar as appealed from, on the law, with costs, and the defendant's cross motion for summary judgment dismissing the complaint is denied.

The plaintiff entered into an employment agreement with the defendant company, which provided for a term of employment ending on December 31, 2007.In an addendum, the agreement's term was subsequently extended to December 31, 2010.Paragraph 5 of the agreement provided, among other things: “Company may only terminate Employee's employment for ‘Cause’ upon written notice by Company to Employee, and Employee's employment will terminate on the date specified in such notice.”Paragraph 7 provided, in pertinent part: “Notwithstanding anything to the contrary in this Agreement, in the event ... Company terminates this Agreement with or without Cause, Employee shall be entitled to receive all salary due to the Employee through the date of termination and a prorated portion of the guaranteed incentive payment next due.”

On January 8, 2009, the plaintiff's employment was terminated as part of a purported reduction in the defendant's work force, and the plaintiff was paid his salary up to the date of his termination of employment and his accrued incentive compensation for the preceding year.The plaintiff subsequently commenced this action to recover damages for breach of the employment agreement, alleging that the defendant breached the employment agreement by terminating him without cause, and demanding a judgment in the amount of his unpaid salary and incentive compensation through the end of the agreement's term.

The plaintiff moved for summary judgment on the issue of liability.The defendant cross-moved for summary judgment dismissing the complaint, contending that paragraph 7 of the agreement unambiguously provided that upon termination for any reason, the plaintiff was only entitled to his salary due through the date of his termination and a prorated portion of incentive pay.The Supreme Court denied the plaintiff's motion and granted the defendant's cross motion.The plaintiff appeals from so much of...