OVERTON v. EGAMI GROUP, INC.

Index No. 657185/20. Appeal No. 14984. Case No. 2021-02467.

201 A.D.3d 455 (2022)

156 N.Y.S.3d 734

2022 NY Slip Op 00071

Cheryl Overton, Appellant, v. Egami Group, Inc., et al., Respondents.

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

Decided January 6, 2022.


Attorney(s) appearing for the Case

The Eubanks Law Firm PLLC, New York ( Renee Eubanks of counsel), for appellant.

Klein Zelman Rothermel Jacobs & Schess LLP, New York ( Jane B. Jacobs of counsel), for respondents.

Concur—Kern, J.P., Mazzarelli, Gesmer, González, Higgitt, JJ.


In April 2018, plaintiff accepted an offer to serve as the president of defendants Egami Group, Inc. and Egami Consulting Incorporated (together, Egami). Under her employment agreement, she received a base salary of $300,000 per year and was responsible for several departments that reported to her. Accordingly, the Labor Law § 191 claim was correctly dismissed because that section is not applicable to "any person employed in a bona fide executive ... capacity whose earnings...

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