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RAMIREZ v. MOAB CAPITAL PARTNERS, LLC

Index No. 657318/20. Appeal No. 16307. Case No. 2022-02840.

208 A.D.3d 1137 (2022)

174 N.Y.S.3d 578

2022 NY Slip Op 05383

Omari Ramirez, Respondent, v. Moab Capital Partners, LLC, Appellant.

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

Decided September 29, 2022.

Attorney(s) appearing for the Case

Gardner Skelton PLLC, New York (Mark S. Pincus of counsel), for appellant.

Bailey Duquette P.C., New York (David I. Greenberger of counsel), for respondent.

Concur—Acosta, P.J., Mazzarelli, Gesmer, González, Pitt, JJ.

Defendant failed to establish, as a matter of law, that plaintiff waived his right to be compensated in accordance with the terms of a bonus provision in the parties' employment agreement. The evidence it submitted to show that plaintiff had accepted a bonus amount lower than that to which he was entitled did not demonstrate a clear manifestation of intent to relinquish the contractual right (see Fundamental Portfolio Advisors...

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