O'NEILL

Defendant Ann M. O’Neill appeals from summary judgment in favor of plaintiffs Joseph E. Di Loreto, Inc., a professional law corporation, and Joseph E. Di Loreto (Di Loreto) for the amount of $313,666.73 plus costs on Di Loreto’s claim against O’Neill for breach of a written employment agreement.

Factual and Procedural Background

We set out only the allegations of the first amended complaint for breach of contract (second cause of action), Di Loreto’s remaining causes of action against O’Neill having been dismissed prior to entry of the summary judgment on the second cause of action. Di Loreto alleged that in March 1982, O’Neill and he entered into a written employment agreement; Di Loreto was required to render legal services to O’Neill in an action for personal injuries she sustained as a result of the negligence of Commuter Bus Lines; the agreement provided for attorney’s fees of 33 Vs percent of the gross recovery if the matter was concluded before trial and 40 percent of the gross recovery if the matter proceeded further; Di Loreto represented O’Neill in her action against Commuter Bus Lines through successful completion of a jury trial in July 1986, when a jury…