Legal Opinion · Dissent
Gold v. New York Life Insurance Co.
Appellate Division of the Supreme Court of the State of New York
Decided July 18, 2017No. 653923/12 2430Published
1DissentAndrias, J.
I agree with the majority that any alleged commission reversals and charge-backs plaintiffs experienced were provided for in their contracts with defendants as part of their agreed-upon measure of compensation, and therefore were not illegal deductions from wages under Labor Law § 193 (see Pachter v Bernard Hodes Group, Inc., 10 NY3d 609 [2008]). I also agree with the majority that the record demonstrates conclusively that plaintiffs Johnson and Kartal were outside salespeople (see Gold v New York Life Ins. Co., 730 F3d 137 [2d Cir 2013]). However, because I believe that the provisions in…
2Cases cited25 opinions
- Moses H. Cone Memorial Hospital v. Mercury Construction Corp.Supreme Court of the United States · 1983
- Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc.Supreme Court of the United States · 1985
- Volt Info. Sciences, Inc. v. Bd. of Trustees of Leland Stanford Jr. U.Supreme Court of the United States · 1989
- Gilmer v. Interstate/Johnson Lane Corp.Supreme Court of the United States · 1991
- Shearson/American Express Inc. v. McMahonSupreme Court of the United States · 1987
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