Appellate Division of the Supreme Court of the State of New York September 22, 2016, 1226 651559/11 (Frenkel Benefits, LLC v. Mallory)

Order, Supreme Court, New York County (Jeffrey K. Oing, J.), entered on or about August 28, 2015, which denied the parties’ motions for summary judgment, affirmed, on the law, without costs.

Many of the facts underlying this motion are not in dispute. In October 2005, defendant Joseph Mallory became employed by plaintiff Frenkel Benefits LLC (Frenkel).