FRED SINGER DIRECT MARKETING, INC. v. MEDIA RESOURCE GROUP, INC.


281 A.D.2d 513 (2001)

721 N.Y.S.2d 832

FRED SINGER DIRECT MARKETING, INC., Appellant, v. MEDIA RESOURCE GROUP, INC., et al., Defendants, and THOMAS V. MARIANACCI, Respondent.

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

Decided March 19, 2001.


Ordered that the order is affirmed insofar as appealed from, with costs.

The appellant established its prima facie entitlement to judgment as a matter of law. However, the Supreme Court properly found that the respondent raised triable issues of fact as to whether he was entitled to commissions for orders placed immediately before he left the plaintiff's employ, and to an attorney's fee and liquidated damages pursuant to Labor Law § 198 (1-a) (see, Zuckerman...

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