Phil Kriegel Associates, Inc. v. M. Lahm Knitting Mill, Inc.

There is no real dispute that the commission agreement in issue commenced in 1977. Uncertainty as to whether this partially oral and partially written agreement included a provision concerning exclusivity does not render it unenforceable. Exclusivity of representation is not an essential term in a sales representative’s agreement. The agreement, specific with respect to the essential terms of commission, was not a mere agreement to agree (cf., Paladino v Brovitz, 170 AD2d 958). Thus, this enforceable contract commencing as it did in 1977, is not subject to Labor Law §§ 191-a, 191-b and 191-c,…