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MASTERWEAR CORPORATION v. BERNARD

298 A.D.2d 249 (2002)

750 N.Y.S.2d 5

MASTERWEAR CORPORATION et al., Respondents, v. NORMAN BERNARD, Appellant, et al., Defendants.

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

Decided October 22, 2002.

In this action by a corporation seeking to recover allegedly excessive compensation and other payments received by its former executives, the motion court properly found that, in opposition to plaintiffs' prima facie showing that he had received compensation above that permitted by his employment agreement, defendant Bernard failed to raise an issue of fact since he failed to show how each of the checks he submitted corresponded...

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