FIRST MTGE CORP v. BARTOLATA


156 Misc.2d 1012 (1993)

595 N.Y.S.2d 638

First Performance Mortgage Corporation, Plaintiff, v. Gloria Bartolata, Defendant.

Supreme Court, Monroe County.

February 19, 1993


Attorney(s) appearing for the Case

Nixon, Hargrave, Devans & Doyle, Rochester (Robert E. Bramlet of counsel), for plaintiff. Leff & Leff, Massapequa Park (Steven M. Leff of counsel), for defendant.


ANDREW V. SIRACUSE, J.

In the absence of a contrary provision in the employment contract, employees paid by commission are not obligated to repay draws in excess of commissions earned. A written, signed consent to repay draws in a document which falls short of contractual status does not allow the employer to escape the common-law rule, and the defendant in this case is entitled to summary judgment dismissing...

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