Opinion
No. 571181/23
02-15-2024
Ruth Valdevieso, Plaintiff-Appellant, v. Emblem Health Medicare, Defendant-Respondent.
Unpublished Opinion
PRESENT: Hagler, P.J., Brigantti, Perez, JJ.
PER CURIAM.
In consolidated actions, plaintiff appeals from three judgments of the Small Claims Part of the Civil Court of the City of New York, New York County (Kim M. Parker, J.), each entered on or about June 13, 2023, after trial, in favor of the defendant dismissing the actions.
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 A.D.2d 125, 126 [2000], lv dismissed 95 N.Y.2d 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 N.Y.2d 157 [1990]). We also note that plaintiff never formally challenged her October 2020 termination for cause.
I concur