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GUIRY v. GOLDMAN, SACHS & CO.

31 A.D.3d 70 (2006)

814 N.Y.S.2d 617

MARTIN GUIRY, Appellant, v. GOLDMAN, SACHS & CO., Respondent.

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

May 18, 2006.

Attorney(s) appearing for the Case

Vladeck, Waldman, Elias & Engelhard, P.C., New York City (Kevin T. Mintzer, Debra L. Raskin and Gillian Thomas of counsel), for appellant.

Sullivan & Cromwell LLP, New York City (Theodore O. Rogers, Jr. and Jessica M. Klein of counsel), for respondent.

GONZALEZ and SWEENY, JJ., concur with FRIEDMAN, J.; TOM, J.P., and CATTERSON, J., dissent in a separate opinion by TOM, J.P.

OPINION OF THE COURT

FRIEDMAN, J.

Article 6 of the Labor Law regulates certain aspects of the payment of "wages" (Labor Law § 190 [1]), and prohibits making an employee's right to receive such "wages" contingent on his or her continued employment at the scheduled time of payment. The sole issue on this appeal is whether plaintiff, formerly a highly paid employee of a financial services corporation, has a claim under Labor Law article 6 to recover for...

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