Fisher v. A.W. Miller Technical Sales, Inc.

Hurlbutt and Lawton, JJ.

(dissenting). We respectfully dissent. Plaintiff commenced this action seeking sales commissions he allegedly earned while employed by defendant, asserting causes of action for breach of contract, quantum meruit, and an accounting. In our view, Supreme Court should have granted defendant’s motion seeking summary judgment in its entirety, thereby dismissing the complaint. The parties’ written contract of employment provides in pertinent part that “[n]o sales commissions will be paid for orders received that ship on or after the Salesman’s resignation is accepted by…