Legal Opinion

Gimper, Inc. v. Giacchetta

Appellate Division of the Supreme Court of the State of New York

Decided November 2, 1995PublishedCited by 5 opinions

1Opinion of the Court

—Peters, J.

Appeal from a judgment of the Supreme Court (Keniry, J.), entered December 1, 1994 in Saratoga County, upon a decision of the court in favor of plaintiffs.

In 1976, plaintiff G. David Clark, president and principal owner/founder of Gimper, Inc., a manufacturers’ representatives agency, hired defendant Michael Giacchetta as a sales representative. Giacchetta was to work on a commission basis. The terms and conditions of Giacchetta’s employment were set forth in a writing prepared by Gimper which was periodically amended during the term of his employment. While the original agreement…

2Cases cited5 opinions

  1. Columbia Ribbon & Carbon Manufacturing Co. v. A-1-A Corp.New York Court of Appeals · 1977
  2. Purchasing Associates, Inc. v. WeitzNew York Court of Appeals · 1963
  3. Sanders v. SandersAppellate Division of the Supreme Court of the State of New York · 1988
  4. Cliff v. R.R.S. Inc.Appellate Division of the Supreme Court of the State of New York · 1994
  5. Hemingway v. State Farm Fire & Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1992

3Cited by5 opinions

  1. Rose Inn of Ithaca, Inc. v. Great American InsuranceAppellate Division of the Supreme Court of the State of New York · 2010
  2. A to Z Associates v. Vamco, Inc.Appellate Division of the Supreme Court of the State of New York · 1997
  3. Dynamic Medical Communications, Inc. v. Norwest Trade Printers, Inc.Appellate Division of the Supreme Court of the State of New York · 1999
  4. Dynamic Medical Communications, Inc. v. Norwest Trade Printers, Inc.Appellate Division of the Supreme Court of the State of New York · 1999
  5. 159 MP Corp. v. Redbridge Bedford, LLCAppellate Division of the Supreme Court of the State of New York · 2018

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