Hayes v. Case-Hoyt Corp.

—Order unanimously reversed on the law without costs, motion denied and counterclaims reinstated. Memorandum: Plaintiff, formerly employed by defendant printing company as a commissioned sales representative, commenced this action seeking to recover commissions allegedly earned by him for sales he made prior to his resignation. Supreme Court erred in granting plaintiffs motion for partial summary judgment dismissing defendant’s counterclaims. The first counterclaim alleges that plaintiff, while still employed by defendant, breached his duty of loyalty to defendant by soliciting one of…