Brucato v. Ezenia! Inc.

MEMORANDUM OPINION

ELLIS, District Judge.

In this diversity contract dispute, plaintiff sues his former employer to recover sales commissions on three sales completed during his employment tenure with defendant. At issue on summary judgment is whether an accord and satisfaction occurs where, as here, the employer treated each of plaintiffs claims separately, explicitly offering nothing on two disputed claims, while offering a 1%, rather than 4%, commission payment as to a third disputed claim. For the reasons that follow, no accord and satisfaction occurred with respect to the claims for which…