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AHA SALES, INC. v. CREATIVE BATH PRODUCTS, INC.

58 A.D.3d 6 (2008)

867 N.Y.S.2d 169

AHA SALES, INC., Appellant, v. CREATIVE BATH PRODUCTS, INC., et al., Respondents.

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

November 12, 2008.

Attorney(s) appearing for the Case

Robert L. Folks & Associates, LLP, Melville (Schoonover, Andrews & Rosenthal, LLC [Douglas A. Andrew] of counsel), for appellant.

Lazer, Aptheker, Rosella & Yedid, P.C., Melville (Menaker & Herrmann LLP [Richard G. Menaker and Nicholas F. Gaffney] of counsel), for respondent.

SPOLZINO, J.P., COVELLO and ENG, JJ., concur.

OPINION OF THE COURT

DICKERSON, J.

This appeal requires us to determine, inter alia, whether we should recognize that a sales representative has an implied private right of action to enforce the terms of Labor Law § 191-b, as well as whether a sales representative may rely on both breach of contract and quasi-contractual theories of recovery under the circumstances of this case. We hold, as a matter of first impression, that a sales representative has...

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