Defendant fails 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 does not demonstrate a clear manifestation of intent to relinquish the contractual right. Defendant's motion to dismiss is denied.
Ramirez v. Moab Capital Parners, LLC, NY Slip Op 05383 (1st Dep't September 29, 2022)
