IN RE APKON

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).