Gebhardt v. Time Warner Entertainment-Advance/Newhouse
Opinion of the Court
—Order unanimously affirmed without costs. Memorandum: Supreme Court properly granted that part of plaintiffs cross motion for summary judgment on the breach of contract claim seeking commissions based on the sale of advertising time on cable television to the Fuccillo Auto Mall account in 1995. From March 1994 to August 1997 plaintiff was employed by defendant as an at-will employee. Plaintiff worked as a commissioned sales representative, selling advertising time on cable television and servicing advertisers’ accounts. According to plaintiffs affidavit in support of the cross motion and the
The court also properly granted that part of plaintiffs cross motion seeking summary judgment on the Labor Law § 193 claim. The deduction of $375 per week from plaintiffs earned commissions was a violation of Labor Law § 193 (1) (see, Edlitz v Nipkow & Kobelt, 264 AD2d 437). Because plaintiff established that defendant willfully made the deduction, the court properly awarded plaintiff liquidated damages in addition to the attorneys fees to which she was entitled (see, Labor Law § 198 [1-a]; Gottlieb v Laub & Co., 82 NY2d 457, 459, rearg denied 83 NY2d 801). We have considered defendant’s remaining contention and conclude that it lacks merit. (Appeal from Order of Supreme Court, Onondaga County, Nicholson, J.— Summary Judgment.) Present — Green, J. P., Hayes, Hurlbutt, Scudder and Lawton, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.