Hudacs v. Frito-Lay, Inc.

OPINION OF THE COURT

Joseph Harris, J.

Petitioner moves seeking a judgment pursuant to CPLR article 78 vacating an order of the Industrial Board of Appeals dated December 30, 1991.

Respondents deny the substantive allegations of the petition and assert several affirmative defenses.

FACTS

Respondent Frito-Lay employs route salespersons whose job responsibilities include delivering Frito-Lay snack products to retail stores and collecting payments on behalf of the company from the retail stores for products sold to them.

Each workday morning a route salesperson obtains the amount of product needed to…