Practice point: The Appellate Division determined that, over the seven-year course of dealing between the parties, plaintiff earned commissions only if and when customers paid on the contracts plaintiff procured. Absent an agreement expressly providing for post-termination commissions, plaintiff, as an at-will commissions salesman, was not entitled to commissions for payments made by customers after his termination.
Student note: As plaintiff was fully compensated under his agreement, he has no claim for a violation of the Labor Law. Neither does he have an unjust enrichment claim, where defendants merely retained the amounts that they were not obligated to pay for post-termination commissions.
Case: Linder v. Innovative Commercial Sys. LLC, NY Slip Op 03617 (1st Dept. 2015)
Here is the decision.
Tomorrow's issue: Summary judgment in a legal malpractice action.
