METWALY v. INTERNATIONAL BUSINESS MACHINES CORP.

8044, 600671/10.

97 A.D.3d 514 (2012)

949 N.Y.S.2d 57

2012 NY Slip Op 5791

FARID METWALY, Appellant, v. INTERNATIONAL BUSINESS MACHINES CORPORATION, Respondent.

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

July 31, 2012.


Plaintiff, a Canadian citizen, was stationed in Dubai while employed by defendant from 2000 to 2002. This action stems from defendant's withholding of hypothetical taxes from plaintiff's wages for the purpose of covering potential domestic tax liability. In January 2009, defendant paid plaintiff the entire amount that had been withheld for the years involved. Without invoking any statutory authority, plaintiff brought this action in March 2010 to recover what he describes...

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