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CUERVO v. OPERA SOLUTIONS LLC

4767, 106641/09, 4767A.

87 A.D.3d 426 (2011)

928 N.Y.S.2d 26

2011 NY Slip Op 6197

RICARDO CUERVO, Appellant, v. OPERA SOLUTIONS LLC et al., Respondents.

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

Decided August 11, 2011.

The court properly dismissed plaintiff's first cause of action alleging violations of Labor Law §§ 191 and 193. While plaintiff was entitled to be paid commissions pursuant to the offer letter, the letter expressly reserved to Opera Solutions the right to modify the commission structure at any time. Accordingly, the reduction of plaintiff's commissions did not violate the letter contract or Labor Law §§ 191 and...

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