MATTER OF APKON


236 A.D.2d 225 (1997)

653 N.Y.S.2d 120

In the Matter of the Arbitration between Stephen Apkon, Appellant, and Odyssey Partners, L.P., Respondent

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

February 6, 1997


We agree with the IAS Court that it was "totally irrational" of the arbitrators to find that monies due as a result of mutually agreed upon equity participations by the employee in the employer's investments involving risk of loss constitute "wages" as defined in Labor Law § 190 (1) (see, Matter of Dean Witter Reynolds v Ross, 75 A.D.2d 373), or that the refusal to pay such monies constituted a "deduction" from wages...

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