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Vergara v. Mission Capital Advisors, LLC
Citation: 2021 NY Slip Op 06825Docket: Index No. 656441/19 Appeal No. 14775 Case No. 2020-02502
Court: Appellate Division of the Supreme Court of the State of New York; December 6, 2021; New York; State Appellate Court
Original Court Document: View Document
Luis Vergara appealed a decision from the Supreme Court, New York County, which granted Mission Capital Advisors, LLC's motion to dismiss his complaint. The Appellate Division modified this decision, denying the motion regarding the claims for breach of contract and violation of Labor Law § 191, but otherwise affirmed the dismissal. The court found that the defendants' documentary evidence did not definitively negate Vergara's claims for breach of contract and violation of Labor Law § 191. Specifically, Vergara's prior email and spreadsheet did not clearly demonstrate that he was not entitled to commissions, nor did they invalidate his current calculations showing a higher commission. However, the court upheld the dismissal of the claim for violation of Labor Law § 193, as Vergara only alleged a general withholding of payment without specifying illegal deductions from wages. The claim regarding unpaid overtime wages was also dismissed because Vergara was classified as an exempt employee under the Labor Law. Additionally, the complaint failed to establish a cause of action for retaliation under Labor Law § 215, as the alleged retaliatory act occurred after Vergara was no longer employed by the defendants. The decision serves as the final ruling of the Appellate Division.