AHA Sales, Inc. v. Creative Bath Products, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Dickerson, J.
This appeal requires us to determine, inter alia, whether we should recognize that a sales representative has an implied private right of action to enforce the terms of Labor Law § 191-b, as well as whether a sales representative may rely on both breach of contract and quasi-contractual theories of recovery under the circumstances of this case. We hold, as a matter of first impression, that a sales representative has an implied private right of action to enforce Labor Law § 191-b against a corporation to which it provides services and that, under the…
2Cases cited51 opinions
- Clark-Fitzpatrick, Inc. v. Long Island Rail RoadNew York Court of Appeals · 1987
- Morris v. New York State Department of Taxation & FinanceNew York Court of Appeals · 1993
- Kaufman v. CohenAppellate Division of the Supreme Court of the State of New York · 2003
- Sheehy v. Big Flats Community Day, Inc.New York Court of Appeals · 1989
- D & N Boening, Inc. v. Kirsch Beverages, Inc.New York Court of Appeals · 1984
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- Stephan B. Gleich & Associates v. GritsipisAppellate Division of the Supreme Court of the State of New York · 2011
- Daly v. KochanowiczAppellate Division of the Supreme Court of the State of New York · 2009
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