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KOLCHINS v. EVOLUTION MKTS., INC.

653536/12.

182 A.D.3d 408 (2020)

122 N.Y.S.3d 288

2020 NY Slip Op 02155

Andrew Kolchins, Respondent, v. Evolution Markets, Inc., Appellant, et al., Defendant. (And Another Action.) Andrew Kolchins, Appellant-Respondent, v. Evolution Markets, Inc., Respondent-Appellant, and Andrew Ertel, Respondent. (And Another Action.)

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

Decided April 2, 2020.

Kolchins's Labor Law § 193 claim was correctly dismissed, because Evolution's failure to pay the Production Bonus constitutes a "wholesale withholding of payment," which is not a "deduction" within the meaning Labor Law § 193 (Perella Weinberg Partners LLC v Kramer, 153 A.D.3d 443, 449-450 [1st Dept 2017]).

The dismissal of the Labor Law § 193 claim does not necessitate dismissal of the Production Bonus claim...

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