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Ruth VALDEVIESO, Plaintiff-Appellant, v. EMBLEM HEALTH MEDICARE, Defendant-Respondent.
Judgments (Kim M. Parker, J.), each entered on or about June 13, 2023, affirmed, without costs.
The record establishes that the trial court applied the appropriate rules and principles of substantive law and accomplished “substantial justice” in dismissing the claims of plaintiff, a licensed health insurance broker, for commissions for policies that were renewed after she was terminated for cause by defendant (see CCA 1804, 1807; Williams v Roper, 269 AD2d 125, 126 [2000], lv dismissed 95 NY2d 898 [2000]). The unambiguous terms of the parties’ written agreement provide that no further compensation is payable to plaintiff after a “for cause” termination. Where, as here, a contract is complete, clear and unambiguous on its face, it must be enforced according to the plain meaning of its terms (see W.W.W. Assoc. v Giancontieri, 77 NY2d 157 [1990]). We also note that plaintiff never formally challenged her October 2020 termination for cause.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Per Curiam.
All concur.
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Docket No: 571181 /23
Decided: February 15, 2024
Court: Supreme Court, Appellate Term, New York.
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FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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