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DERVEN v. PH CONSULTING, INC.

No. 05 CIV.2290(CM)(MDF).

427 F.Supp.2d 360 (2006)

Marjorie DERVEN, Plaintiff, v. PH CONSULTING, INC. d/b/a Advantis Research & Consulting, Defendant.

United States District Court, S.D. New York.

April 7, 2006.

Attorney(s) appearing for the Case

Patricia Eileen Habas, Bruce A. Rogers, P.C, Orangeburg, NY, for Plaintiff.

Shannon McDonough, Fafinski Mark & Johnson, PA., Eden Praire, MN, Steven C. Brown, Finkel Goldstein Rosenbloom & Nash LLP, New York, NY, for Defendant.

Lawrence Joseph Reina, Jr., Reed Smith, New York, NY, for Defendant/Counter Claimant.

DECISION AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION FOR SUMMARY JUDGMENT AND DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT

MCMAHON, District Judge.

I. Introduction

Plaintiff Marjorie Derven was a salesperson and project manager in the employ of defendant Advantis Research and Consulting. Her compensation included a fixed annual salary plus a 10% commission on all new business she generated.

In 2000, Derven negotiated...

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