Unanimously reversed, on the law and in the exercise of discretion, and the motion granted, with costs and disbursements.
This is without prejudice to plaintiff's making an application at Special Term for leave to replead. Deborah D. Agee was hired by Read Q Systems as an account manager. Agee was salaried. In addition to the base salary, she was allegedly entitled to commissions of 4% of the gross price of all computer hardware "sold by virtue of plaintiff's efforts...
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