DEUTSCHMAN v. FIRST MANUFACTURING CO., INC.


7 A.D.3d 363 (2004)

775 N.Y.S.2d 855

PAUL M. DEUTSCHMAN, Respondent, v. FIRST MANUFACTURING CO., INC., Appellant.

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

May 13, 2004.


Defendant challenges the applicability of Labor Law § 191-c (3), relied on by the trial court in assessing damages, which provides that a principal who fails to pay a sales representative earned commissions in a timely manner is liable for double damages, as well as reasonable attorneys' fees, court costs and disbursements. The statutory definition of "[s]ales representative" (Labor Law § 191-a [d]) is clearly limited to independent contractors (Jin v Metropolitan...

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