AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Judges

In the Matter of the Arbitration between STEPHEN APKON, Appellant, and ODYSSEY PARTNERS, L.P., Respondent.

We agree with the IAS Court that it was "totally irrational" of the arbitrators to find that monies due as a result of mutually agreed upon equity participations by the employee in the employer's investments involving risk of loss constitute "wages" as defined in Labor Law § 190 (1) ( see, Matter of Dean Witter Reynolds v Ross, 75 AD2d 373), or that the refusal to pay such monies constituted a "deduction" from wages within the meaning of Labor Law § 193 ( cf., supra). Rejection of those findings ( see, Hackett v Millbank, Tweed, Hadley McCloy, 86 NY2d 146, 155) necessarily requires vacatur of the award of liquidated damages and attorneys' fees under Labor Law § 198 (1-a) ( see, Gottlieb v Laub Co., 82 NY2d 457).

Use AI to get other relevant cases.

Comments

IN RE APKON
(Feb 6, 1997)