DUFFY v. RMSCO, INC.


34 A.D.3d 1285 (2006)

825 N.Y.S.2d 861

BRIAN DUFFY, Appellant, v. RMSCO, INC., Respondent.

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

Decided November 17, 2006.


It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

Plaintiff commenced this Labor Law article 6 action seeking to recover a sales director bonus that allegedly constituted "a `wage' as said term is defined in [Labor Law] § 190 (1)." We conclude that Supreme Court properly granted defendant's motion to dismiss the complaint for failure to state a cause of action (see CPLR...

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