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KAYE v. ARTMATIC CORP.

214 A.D.2d 473 (1995)

625 N.Y.S.2d 216

Edward P. Kaye, as Executor of Leo Kaye, Deceased, Appellant, v. Artmatic Corporation et al., Respondents

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

April 25, 1995

There are issues of fact which preclude summary judgment on plaintiff's claim for statutory damages for commissions allegedly not timely paid to the decedent pursuant to Labor Law § 191-c, including whether the decedent falls within the statutory definition of a "sales representative" or was an "independent contractor" (Labor Law § 191-a [d]). Accordingly, it was proper for the court to refer the unresolved factual issues...

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