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McHUGH v. OATKIN

245 A.D.2d 275 (1997)

665 N.Y.S.2d 945

Steven McHugh, Respondent, v. Scott Oatkin et al., Appellants

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

December 1, 1997

Ordered that the judgment is reversed, on the law and the facts, with costs, and the complaint is dismissed.

The evidence does not support the Supreme Court's finding that the plaintiff was entitled to an award of "unpaid salary". There was no clear agreement between the plaintiff and the appellants requiring the payment of salary (cf., Epelbaum v Nefesh Achath B'Yisrael, 237 A.D.2d 327

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