| Schuit v Tree Line Mgt. Corp. |
| 2007 NY Slip Op 10061 [46 AD3d 405] |
| December 20, 2007 |
| Appellate Division, First Department |
| Michiel Schuit, Appellant, v Tree Line Management Corp.,Doing Business as The Treeline Companies, Respondent. |
—[*1] Bond, Schoeneck & King, PLLC, Garden City (Mark N. Reinharz of counsel), forrespondent.
Order, Supreme Court, New York County (Bernard J. Fried, J.), entered on or about February20, 2007, which granted defendant's motion pursuant to CPLR 3211 (a) (7) to dismiss plaintiff'sLabor Law article 6 and quantum meruit causes of action, unanimously affirmed, with costs.
The court correctly found that plaintiff, defendant's director of acquisitions and senior vicepresident, was employed as an executive and therefore has no cognizable claim under Labor Law§ 198 (see Labor Law § 190 [7]; see Gottlieb v Kenneth D. Laub &Co., 82 NY2d 457 [1993]). Plaintiff's contention that he was not an executive is inconsistentwith the allegations of his complaint and his title and employment contract and thereforeinsufficient to avoid dismissal of the cause of action (see LeBreton v Weiss, 256 AD2d47, 48 [1998]).
The existence of an enforceable contract covering the disputed issue of plaintiff'scompensation precludes his recovery in quantum meruit (see Zito v Fischbein, Badillo, Wagner & Harding, 35 AD3d 306,307 [2006]).
We have considered plaintiff's remaining contentions and find them unavailing.Concur—Lippman, P.J., Marlow, Williams and Gonzalez, JJ.