VERGARA v. MISSION CAPITAL ADVISORS, LLC

Index No. 656441/19. Appeal No. 14775. Case No. 2020-02502.

200 A.D.3d 484 (2021)

155 N.Y.S.3d 68

2021 NY Slip Op 06825

Luis Vergara, Appellant, v. Mission Capital Advisors, LLC, et al., Respondents.

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

Decided December 7, 2021.


Attorney(s) appearing for the Case

Stadtmauer & Associates, New York ( Marc A. Stadtmauer of counsel), for appellant.

Hoguet Newman Regal & Kenney LLP, New York ( Damian R. Cavaleri of counsel), for respondents.

Concur—Renwick, J.P., Mazzarelli, Singh, Mendez, Higgitt, JJ.


Defendants' documentary evidence does not conclusively establish a defense to the claims of breach of contract and violation of Labor Law § 191 (CPLR 3211[a][1]; see 150 Broadway N.Y. Assoc., L.P. v Bodner, 14 A.D.3d 1, 5 [1st Dept 2004]). Plaintiff's prior email and spreadsheet do not unambiguously show that he is not owed any commissions, nor do they show that his current calculations...

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