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GORELICK v. CUSHMAN & WAKEFIELD, INC.

Index No. 651664/18. Appeal No. 13256. Case No. 2020-03288.

192 A.D.3d 419 (2021)

139 N.Y.S.3d 812

2021 NY Slip Op 01323

David Gorelick, Respondent-Appellant, v. Cushman & Wakefield, Inc., Appellant-Respondent.

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

Decided March 4, 2021.

Attorney(s) appearing for the Case

Ogletree, Deakins, Nash, Smoak & Stewart, P.C., New York ( Robert M. Tucker of counsel), for appellant-respondent.

Law Office of Barry R. Fertel, New Rochelle ( Barry R. Fertel of counsel), for respondent-appellant.

Concur—Kern, J.P., Oing, Singh, Moulton, JJ.

We find the contractual provision governing severance ambiguous, since, when compared to the same language elsewhere in the contract, it could reasonably refer to plaintiff specifically or to the position for which he was hired more generally (see State of New York v R.J. Reynolds Tobacco Co., 304 A.D.2d 379, 380 [1st Dept 2003], lv denied 100 N.Y.2d 510 [2003], citing Finest Invs. v Security Trust Co. of Rochester,

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