There are issues of fact which preclude summary judgment on plaintiff's claim for statutory damages for commissions allegedly not timely paid to the decedent pursuant to Labor Law § 191-c, including whether the decedent falls within the statutory definition of a "sales representative" or was an "independent contractor" (Labor Law § 191-a [d]). Accordingly, it was proper for the court to refer the unresolved factual issues to a Referee. We note that the statute should be interpreted with an emphasis placed on whether the decedent, if found to be a sales representative, solicited orders from New York and not upon the location of the customers.
Concur — Ellerin, J.P., Rubin, Asch, Nardelli and Mazzarelli, JJ.