Soviero v. Carroll Group International, Inc. (27 A.D. 3d 276)- salesperson asserted causes
of action for
breach of an oral employment agreement, for wages, statutory liquidated damages and statutory attorney's fees under the Labor Law, for conversion and conspiracy to commit conversion by the broker and punitive damages for intentional tort; order dismissing all causes
of action except the
breach of contract claim affirmed; salesperson was fired by the firm and was no longer an «employee» or a «commissioned salesman»
of the brokerage firm after her termination, such as would entitle her to wages or a commission; conversion cause
of action fails as salesperson must have exercised ownership, possession or control
of the property in the first place which she never had such ownership; no viable
claim for punitive damages which are not recoverable for
ordinary breach of contract