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CENTERBANK MORTGAGE CO. v. SHAPIRO

237 A.D.2d 477 (1997)

655 N.Y.S.2d 596

Centerbank Mortgage Company, Respondent, v. Howard Shapiro, Appellant

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

March 24, 1997

Ordered that the judgment is affirmed, with costs.

It is well settled that an action to recover excess monies paid to an employee from a drawing account "is viable where an agreement exists by which the employee agreed to repay the excess drawn out of the account above the commissions earned" (Boutique Indus. v Sobel, 223 A.D.2d 398, 399; see, Posner v Precision Shapes, 271 App Div 435), but without such an...

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