Arthur H. Stevens, Appellant, v Publicis S.A., et al., Respondents., 50 A.D.3d 253

Summary

In denying the CEO's motion for partial summary judgment prior to trial, the trial court found that the parties had agreed in writing to modify the CEO's duties under the employment agreement. The appellate court found that, in so ruling, the trial court properly relied on an e-mail exchange between the parties in which both sides expressed their unqualified acceptance of the modification to the agreement. The e-mails from the CEO constituted "signed writings" since the CEO's name at the end of his e-mail signified his intent to authenticate the contents. Similarly, the former chairman's name at the end of his e-mail constituted a "signed writing" and satisfied the requirement of the employment agreement that any modification be signed by all parties. The trial court's instruction regarding the covenant of good faith and fair dealing was proper. The trial court properly declined the CEO's request to offer rebuttal testimony, since the CEO had testified on these topics at length during ...