The appellants appealed from a summary judgment dismissing their claim for non-vested stock options under a consulting agreement.
The motion judge found the agreement was not a fixed term contract and that entitlement to unvested options was contingent on the appellants remaining engaged with the respondents on each vesting date.
The appellants raised a new argument on appeal regarding breach of the duty of good faith, which was not advanced below.
The appellants also challenged the costs award.
