Legal Opinion

Guiry v. Goldman

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

Decided May 18, 2006PublishedCited by 12 opinions

1Opinion of the Court

OPINION OF THE COURT

Friedman, J.

Article 6 of the Labor Law regulates certain aspects of the payment of “wages” (Labor Law § 190 [1]), and prohibits making an employee’s right to receive such “wages” contingent on his or her continued employment at the scheduled time of payment. The sole issue on this appeal is whether plaintiff, formerly a highly paid employee of a financial services corporation, has a claim under Labor Law article 6 to recover for the loss, upon the termination of his employment, of unvested, contingent rights to equity-based compensation—specifically, restricted shares of…

2Cases cited5 opinions

  1. Truelove v. Northeast Capital & Advisory, Inc.New York Court of Appeals · 2000
  2. Tischmann v. ITT/Sheraton Corp.District Court, S.D. New York · 1995
  3. International Paper Co. v. SuwynDistrict Court, S.D. New York · 1997
  4. Magness v. Human Resource Services, Inc.Appellate Division of the Supreme Court of the State of New York · 1990
  5. Marsh v. Prudential Securities Inc.New York Court of Appeals · 2003

3Cited by12 opinions

  1. Gilman v. Marsh & McLennan Companies, Inc.District Court, S.D. New York · 2012
  2. Beach v. Touradji Capital Management, LPAppellate Division of the Supreme Court of the State of New York · 2015
  3. Matter of Lerner v. Credit Suisse Sec. (USA) LLCAppellate Division of the Supreme Court of the State of New York · 2021
  4. Overton v. Egami Group, Inc.Appellate Division of the Supreme Court of the State of New York · 2022
  5. Duffy v. RMSCO, Inc.Appellate Division of the Supreme Court of the State of New York · 2006

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