FIELDMAN v. SMART CHOICE COMMUNICATIONS, LLC


41 A.D.3d 343 (2007)

838 N.Y.S.2d 772

LANCE FIELDMAN, Appellant, v. SMART CHOICE COMMUNICATIONS, LLC, et al., Respondents.

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

Decided June 28, 2007.


Plaintiff's first cause of action alleges a failure to pay commissions as required by his written employment contract with defendant LLC, a New York corporation with its principal place of business in New York City. The second cause of action invokes the Labor Law against the LLC, and the third invokes it against the LLC's principals. Neither cause of action, however, asserts an extracontractual wrong, such as payment of commissions in

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