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Nickerson v. Volt Delta Resources, Inc.

Appellate Division of the Supreme Court of New York, First Department
Jan 19, 1995
211 A.D.2d 512 (N.Y. App. Div. 1995)

Opinion

January 19, 1995

Appeal from the Supreme Court, New York County (Ira Gammerman, J.).


We disagree with the IAS Court that the alleged agreement is too indefinite to be enforced, the "industry standards" upon which the modified commission amount was to be based being a sufficiently definite extrinsic standard (see, Cobble Hill Nursing Home v. Henry Warren Corp., 74 N.Y.2d 475, 483) and the other missing terms being determinable from the unmodified written bonus plan. We nevertheless affirm on the alternative ground urged by defendants before the IAS Court (see, Matter of American Dental Coop. v. Attorney-General of State of N.Y., 127 A.D.2d 274, 279, n 3) that the alleged oral modification to provide commissions at "industry standards" varies the terms of the written bonus plan, and is inadmissible parol evidence (see, Namad v. Salomon Inc., 74 N.Y.2d 751, 752; W.W.W. Assocs. v Giancontieri, 77 N.Y.2d 157, 162) without which plaintiff cannot prove either the existence or terms of the alleged agreement.

Concur — Ellerin, J.P., Ross, Williams and Tom, JJ.


Summaries of

Nickerson v. Volt Delta Resources, Inc.

Appellate Division of the Supreme Court of New York, First Department
Jan 19, 1995
211 A.D.2d 512 (N.Y. App. Div. 1995)
Case details for

Nickerson v. Volt Delta Resources, Inc.

Case Details

Full title:SUSAN NICKERSON, Appellant, v. VOLT DELTA RESOURCES, INC., et al.…

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

Date published: Jan 19, 1995

Citations

211 A.D.2d 512 (N.Y. App. Div. 1995)
621 N.Y.S.2d 342

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