MATTER OF APPLEBY


51 A.D.2d 617 (1976)

In the Matter of the Claim of Charles Appleby, Appellant. Present Trading Corporation, Respondent. Louis L. Levine, as Industrial Commissioner, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

January 15, 1976


Pursuant to a written agreement, claimant was engaged by the Present Trading Corporation (an importer and distributor of stainless steel flatware) as a national sales manager and vice-president for a two-year period commencing February 18, 1974. Claimant was paid a salary of $25,000 per year and expenses. He was also to receive a percentage above a certain gross. After eight months he was discharged. The employer states claimant refused to perform duties assigned and breached...

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