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BOUTIQUE INDUS., INC. v. SOBEL

223 A.D.2d 398 (1996)

636 N.Y.S.2d 328

Boutique Industries, Inc., Appellant, v. Alex Sobel, Respondent

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

January 16, 1996

Issues of fact exist concerning the nature of defendant-employee's contract and whether the monies paid to defendant were a draw as against commissions or a salary, thereby precluding summary judgment (see, Imre v Federal Ins. Co., 220 A.D.2d 319; Santos v Equitable Life Assur. Socy., 220 A.D.2d 274).

Contrary to defendant's argument, New York law does not preclude an employer...

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