Yudell v. Ann Israel & Associates, Inc.
248 A.D.2d 189, 669 N.Y.S.2d 580, 1998 N.Y. Slip Op. 02109
Appellate Division, First Department · March 12, 1998
What the court decided
A commission agreement drafted by the employer is read against the employer. Where the contract paid on placements "originated by you" and said nothing about completion, it did not cut off commissions on placements completed after the recruiter left: "had defendant meant to foreclose the possibility that plaintiff might earn a post-termination commission . . . defendant could have said so explicitly."
Who won
Neither side won outright; both sides' summary judgment motions were denied, and the case went on toward trial. The employer's own files, which listed her as the recruiter on both placements, supported her claim.
Why it matters for salespeople
Useful where the company's records name you as the rep who originated or booked the deal.
Key passage: 248 A.D.2d 189 at 189-191.
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