HIRSCH v. BERGER IMP.


67 A.D.2d 30 (1979)

Morris Hirsch, Respondent, v. S. Berger Import & Mfg. Corp. et al., Appellants

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

March 15, 1979


Attorney(s) appearing for the Case

John M. Schwartz of counsel (Julie Copeland with him on the brief; Gold, Farrell & Marks, attorneys), for appellants.

Joseph H. Einstein of counsel (Stephen Mallis and Aranow Brodsky Bohlinger Benetar & Einhorn with him on the brief; Peter L. Jacobs, P. C., attorney), for respondent.

BIRNS, J. P., SANDLER and SILVERMAN, JJ., concur.


SULLIVAN, J.

Plaintiff, a former salesman in defendant's employ, seeks the recovery of commissions allegedly due for the period of February, 1968 through December, 1972. Originally employed on a salary basis, plaintiff orally agreed with defendant to have his compensation as of July, 1970, based on commissions. Thereafter plaintiff received monthly advances of $1,600. He was to receive periodic additional payments...

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