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DALEY v. RELATED COS.

179 A.D.2d 55 (1992)

William S. Daley, Appellant, v. The Related Companies, Inc., et al., Respondents. (Appeal No. 1.) William S. Daley, Respondent, v. The Related Companies, Inc., et al., Appellants, et al., Defendants. (Appeal No. 2.)

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

March 19, 1992

Attorney(s) appearing for the Case

Paul T. Shoemaker of counsel (Jeffrey L. Liddle and Barbara R. Shweky with him on the brief; Liddle, O'Connor, Finkelstein & Robinson, attorneys), for William S. Daley, appellant in Appeal No. 1 and respondent in Appeal No. 2.

Mark Walfish of counsel (Liane R. White with him on the brief; Esanu Katsky Korins & Siger, attorneys), for The Related Companies, Inc. and others, respondents in Appeal No. 1 and appellants in Appeal No. 2.

SULLIVAN, J. P., MILONAS and WALLACH, JJ., concur with ASCH, J.; KUPFERMAN, J., dissents in part in an opinion, with respect to Appeal No. 1.

ASCH, J.

Plaintiff Daley was employed as vice-president of the defendant The Related Companies, Inc. and as president of defendant Related Equities Corporation. Pursuant to an employment agreement entered into by the parties, plaintiff was to receive compensation of commissions based on real estate syndications which took place during his employment. The agreement further provided that plaintiff "shall have a...

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