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Law Offices of Jonathan M. Cooper

Unpaid Commission Suit Against Naeem Khan Headed to Trial in NY

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A number of years back, high-end fashion designer Naeem Khan was sued by one of his former employees, Lionel Geneste, for breaching their agreement and failing to pay commissions that were owed.

For some strange reason, the story reporting on this breach of contract and breach of fiduciary duty claim suggests that this case was just filed on August 9. It's just not true; the case was filed all the way back in July, 2009.

In any event, the court filings on this case indicate that the trial is due to commence shortly, as both parties have submitted a joint pre-trial memorandum, which is one of the last things that are typically filed before trial commences.

Judging by this pre-trial statement, which contains the a list of the parties' designated fact and expert witnesses, as well as the issues of law that they anticipate will come up at trial, I think the plaintiff has the upper hand here, because Khan apparently never reduced Geneste's compensation structure to writing. As a result, the Court may infer that Geneste's version as to what his agreed-upon compensation is correct, in accordance with Labor Law §§ 191(c) and 193.



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