Weingarten v. S&R Medallion Corp.

*449The 1997 agreement between the parties did not contain a clause setting forth when or how the profit sharing program which was the subject of the agreement was to terminate, but it did allow for “renewal” of the program pursuant to different terms. The motion court properly refused to grant summary judgment since defendants failed to demonstrate that its new arrangement with Banco Popular was not a renewal of the previous program, as contended by plaintiff.

The 1997 agreement did not contain a “definitions” section and key terms used in paragraph six (which provided the calculation for net…