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SHANKLIN v. WILHELMINA MODELS, INC.

6416, 653702/13.

161 A.D.3d 610 (2018)

77 N.Y.S.3d 67

2018 NY Slip Op 03732

Alex Shanklin et al., Appellants-Respondents, v. Wilhelmina Models, Inc., et al., Respondents-Appellants, et al., Defendants.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 24, 2018.

The motion court correctly ruled that "usage payments," payments models receive in the event third parties use images taken at photo shoots, are not wages, as defined by article 6 of the Labor Law (Labor Law § 190 [1]; see also Truelove v Northeast Capital & Advisory, 95 N.Y.2d 220 [2000]; Beach v Touradji Capital Mgt., LP, 128 A.D.3d 501 [1st Dept 2015]). The motion court also...

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