Boutique Industries, Inc. v. Sobel

Order, Supreme Court, New York County (Helen Freedman, J.), entered on or about April 14, 1994, which granted defendant’s motion for summary judgment and dismissed the complaint, is unanimously reversed, on the law, without costs, and the motion denied.

Issues of fact exist concerning the nature of defendant-employee’s contract and whether the monies paid to defendant were a draw as against commissions or a salary, thereby precluding summary judgment (see, Imre v Federal Ins. Co., 220 AD2d 319; Santos v Equitable Life Assur. Socy., 220 AD2d 274).

Contrary to defendant’s argument, New York law…