Bryndle v. Safety-Kleen Systems, Inc.

Appeal from an order of the Supreme Court, Erie County (John M. Curran, J.), entered December 3, 2009 in a breach of contract action. The order, among other things, granted defendant’s cross motion for summary judgment.

It is hereby ordered that the order so appealed from is unanimously modified on the law by denying that part of defendant’s cross motion for summary judgment dismissing the breach of contract claim insofar as it concerns the 2002 compensation plan and granting that part of plaintiffs motion for leave to amend the complaint with respect to the breach of contract claim and as…