AMERICAN ARBITRATION ASSOCIATION 

NEW YORK COUNTY, NEW YORK ----------*---m-------uw-------------------------------------------- X 

In the matter of the Arbitration Between 

VICTORIA FULLER, 

Claimant, 

Case No. 13 116 00418 07 

ANSWER TO 

AMENDED CLAIM 

INTERVIEW MAGAZINE, BRANT PUBLICATIONS, 

INC., 

Respondents. 

- - X 

Respondents Interview, Inc. ("lnterview") and Brant Publications, Inc. ("Brant"), by 

their attorneys Lewis Brisbois Bisgaard & Smith LLP, as and for their Answer to the 

Amended Claim (the "Amended Claim") filed by Claimant Victoria Fuller ("Claimant" or 

"Fuller"), in the above-captioned dispute, respectfully state as follows: 

1. Deny knowledge or information sufficient to form a belief as to the truth of 

the allegations contained in paragraph 1 concerning the location of Claimant's current 

place of residence, and admit that Claimant is represented in this dispute by Alan J. 

Rich, Esq. 

2. Admit the allegations contained in paragraph 2, except state that the 

respondents' telephone number is now 212-941 -2880. 

3. Deny the allegations contained in paragraph 3, except admit that, on or 

about February 14, 1994, Claimant commenced employment with lnterview and she 

continued as an employee until lnterview notified Claimant that her employment was 

being terminated for cause. 

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4. Deny the allegations contained in paragraph 4, except admit that Interview 

employed Claimant in the position of Vice PresidentlAssociate Publisher at the time that 

her employment was terminated. 

5. Deny the allegations contained in paragraph 5. 

6. Deny the allegations contained in paragraph 6, except admit that, in 

addition to the title Vice PresidentlAssociate Publisher, Claimant had held other titles 

including Fashion Manager, Fashion Director and Advertising Director. 

7. Deny the allegations contained in paragraph 7, except admit that Interview 

did not take disciplinary actions against Claimant before it identified the conduct that 

supplied the basis for her termination. 

8. Deny the allegations contained in paragraph 8, and respectfully refer to 

Section 2 entitled "Duties" of the Employment Agreement dated August 15, 2002 and 

the amendments and schedules annexed thereto (the "Employment Agreement"), a 

copy of which is annexed as Exhibit A to the Amended Claim, for a true and accurate 

recitation of its contents. 

9. Deny the allegations contained in paragraph 9. 

10. Admit the allegations contained in paragraph 10. r' 

11. Admit the allegations contained in paragraph 11. 

12. Deny the allegations contained in paragraph 12, except respectfully refer 

to the Employment Agreement for a true and accurate recitation of its contents. 

13. Deny the allegations contained in paragraph 13, except respectfully refer 

to the Employment Agreement for a true and accurate recitation of its contents. 

14. Deny the allegations contained in paragraph 14, except respectfully refer 

to the Employment Agreement for a true and accurate recitation of its contents. 

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15. Deny the allegations contained in paragraph 15, except respectfully refer 

to the Employment Agreement for a true and accurate recitation of its contents. 

16. Deny the allegations contained in paragraph 16, except admit that in 2006 

lnterview paid Claimant approximately $120, 215 in commissions. 

17. Deny the allegations contained in paragraph 17. 

18. Deny the allegations contained in paragraph 18. 

19. Deny the allegations contained in paragraph 19, except admit that, on or 

about December 7, 2006, Claimant commenced medical leave which was treated as 

leave pursuant to the Family and Medical Leave Act ("FMLA Leave"). 

20. Deny the allegations contained in paragraph 20, except admit that 

Claimant did not return to work until March 2, 2007. 

21. Deny the allegations contained in paragraph 21. 

22. Deny the allegations contained in paragraph 22, except admit that 

lnterview paid Claimant certain commissions through December 31, 2006. 

23. Deny the allegations contained in paragraph 23, except admit that 

lnterview did not pay Claimant commissions for January 2007 through March 2007. 

24. Deny the allegations contained in paragraph 24, except admit that 

lnterview did not pay Claimant commissions for March 2007. 

25. Deny the allegations contained in paragraph 25, except refer to the 

Employment Agreement and the Schedule of Salary Continuation Benefits for Full Time 

Employees, a copy of which is attached as Exh. B to the Amended Claim, for a true and 

accurate recitation of the contents of those documents to the extent they bear on 

Claimant's employment and her entitlement, if any, to benefits. 

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26. Deny the allegations contained in paragraph 26, except refer to the 

Employment Agreement and the Schedule of Salary Continuation Benefits for Full Time 

Employees for a true and accurate recitation of the contents of those documents to the 

extent they bear on Claimant's employment by Interview and her entitlement, if any, to 

benefits. 

27. Deny the allegations contained in paragraph 27, except refer to the letter 

dated March 14, 2007 (the "March 14 Letter"), a copy of which is annexed to the 

Amended Claim as part of Exhibit C., for a true and accurate recitation of its contents. 

28. Deny the allegations contained in paragraph 28, except admit that on 

March 27, 2007, Interview terminated Claimaht's employment, and refer to the letter 

dated March 27, 2007 (the "March 27 Letter") a copy of which is annexed to the 

Amended Claim as part of Exhibit C, for a true and accurate recitation of its contents. 

29. Deny the allegations contained in paragraph 29, except admit that 

Interview did not pay Claimant commissions for March 2009. 

BREACH OF CONTRACT: 

FAILURE TO PAY COMMISSIONS 

30. Deny the allegations contained in paragraph 30. 

31. Deny the allegations contained in paragraph 31. 

Case 1:07-cv-05728-RJS-DCF Document 55-22 Filed 07/22/10 Page 4 of 10
BREACH OF CONTRACT: 

WRONGFUL "TERMINATION FOR CAUSE" 

32. Deny the allegations contained in paragraph 32, except admit that on 

March 27, 2007, lnterview terminated Claimant's employment, and refer to the March 27 

Letter for a true and accurate recitation of its contents. 

33. Deny the allegations contained in paragraph 33, except refer to the 

Employment Agreement for a true and accurate recitation of its contents. 

34. Deny the allegations contained in paragraph 34, except refer to the 

Employment Agreement for a true and accurate recitation of its contents. 

35. Deny the allegations contained in paragraph 35, except admit that 

lnterview did not interview Claimant about her misconduct, and instead relied on 

evidence gathered during the course of investigation. 

36. Deny the allegations contained in paragraph 36, except admit that 

lnterview did not question Claimant about her misconduct, and instead relied on 

evidence gathered during investigation. 

37. Deny the allegations contained in paragraph 37, and refer to the pertinent 

documents for the contents thereof. 

38. Deny the allegations contained in paragraph 38. 

39. Deny the allegations contained in paragraph 39, except admit that 

lnterview employees provided information used during Interview's investigation. 

40. Deny the allegations contained in paragraph 40. 

41. Deny the allegations contained in paragraph 41. 

42. Deny the allegations contained in paragraph 42. 

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43. Deny the allegations contained in paragraph 43. 

44. Deny the allegations contained in paragraph 44. 

45. Deny the allegations contained in paragraph 45 and state further that any 

alleged company practice described by Claimant was not applicable to the conduct 

committed by Claimant. 

46. Deny the allegations contained in paragraph 46. 

47. Deny the allegations contained in paragraph 47. 

48. Deny the allegations contained in paragraph 48. 

ADDITIONAL BREACHES 

49. Deny the allegations contained in paragraph 49. 

50. Deny the allegations contained in paragraph 50. 

51. Deny the allegations contained in paragraph 51, and refer to the 

Employment Agreement for a true and accurate recitation of its contents. 

52. Deny the allegations contained in paragraph 52. 

,.' DAMAGES CLAIMS 

53. Deny the allegations contained in paragraph 53, except admit that 

Claimant purports to seek relief as stated therein. 

54. Deny the allegations contained in paragraph 54, except admit that 

Claimant purports to seek relief as stated therein. 

55. Deny the allegations contained in paragraph 55, except admit that 

Claimant purports to seek relief as stated therein. 

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REQUESTED HEARING LOCATION 

56. Admit the allegations contained in paragraph 56, in that the hearing 

location stated therein is proper. 

AFFIRMATIVE DEFENSES 

I. 

lnterview Properly Terminated Claimant's Employment For Cause 

57. lnterview commenced an investigation into allegations that Claimant 

fraudulently fabricated expense reports. 

58. On March 14, 2007, lnterview suspended Claimant without pay pending 

the outcome of its investigation. See March 14 Letter. 

59. The Employment Agreement provides in relevant part that lnterview may 

by written notice immediately terminate Claimant's employment "for cause" if Claimant 

engaged in: "(a) embezzlement, theft, larceny, material fraud, or other acts of material 

dishonesty." See Employment Agreement $j 6.1 (a). 

60. On March 27, 2007, by written notice, lnterview terminated Claimant's 

r - employment in pursuant to $j 6.1 (a) after determining that Claimant had signed and 

submitted fake and fabricated expense reports. See March 27 letter. 

61. lnterview properly terminated Claimant's employment for cause based on 

its determination that Claimant had charged t housands of dollars in ordinary living 

expenses to the company by disguising same as client entertainment expenses and the 

like. 

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II. 

No Jurisdiction Over New York Labor Law Claims 

62. The Arbitrator and the American Arbitration Association do not have 

jurisdiction over the New York Labor Law claims asserted in paragraph 54. 

63. The Employment Agreement's arbitration provisions do not encompass 

statutory claims. 

Ill. 

Claimant Cannot Assert New York Labor Law Claims 

64. In any event, under New York law, Claimant, an exempt executive, does 

not have a cognizable claim under Labor Law 198. 

65. Respondents cannot determine from Claimant's citation to "New York 

Labor Law 191(c)" to which New York Labor Law Claimant intended to refer: New 

York Labor Law § 191 (l)(c) or New York Labor Law § 191-c. 

66. Claimant is not covered by § 191(l)(c), which applies to "commission 

salesm[e]n," because she is an executive and therefore excluded from the definition of 

"commission salesman." See New York Labor Law 190(6) ("The term 'commission 

salesman' does not include an employee whose principal activity is of a supervisory, 

managerial, executive or administrative nature."). 

67. Claimant is not covered by § 191-c, which applies to "sales 

representative[sIu, because she is not an independent contractor, and therefore not a 

"sales representative" pursuant to Ej 191-c. 

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IV. 

Claimant Has Unclean Hands 

68. Claimant engaged in illegal and unethical conduct in her capacity as Vice 

PresidentlAssociate Publisher that support Interview's termination of her employment 

"for cause" (as defined in the Employment Agreement). 

WHEREFORE, Respondents demand an award: (i) dismissing Claimant's 

Amended Claim in its entirety for the reasons stated herein; (ii) ordering Claimant to pay 

Respondents' attorneys' fees, costs and expended pursuant to Section 11.2 of the 

Employment Agreement; and (iii) granting such further and other relief as is just and 

proper. 

Dated: New York, New York 

December 4,2009 

LEWIS BRlSBOlS BISGAARD & SMITH LLP 

By: 

Kter T. Shapiro, ~sq? 

Attorneys for. ~es~ondents 

New York, New York 10038 

2 1 2-232-1 300 

pshapiro@lbbslaw.com 

To: Alan J. Rich, Esq. 

Law Offices of Alan J. Rich, LLC 

Attorneys for Claimant 

26 Court Street - Suite 1807 

Brooklyn, New York 11242 

2 12-92 1 -2244 

Case 1:07-cv-05728-RJS-DCF Document 55-22 Filed 07/22/10 Page 9 of 10
AFFIDAVIT OF SERVICE 

STATE OF NEW YORK ) 

) ss: 

COUNTY OF NEW YORK 1 

Maryanne Fishman, being duly sworn, deposes and says: 

I am not a party to this action, I am over eighteen (1 8) years of age and I reside in 

the State of New York, County of Kings. 

That on December 4, 2009, deponent sewed the attached Answer to Amended 

Complaint upon the following: 

Alan J. Rich, Esq. 

Law Offices of Alan J. Rich, LLC 

Attorneys for Claimant 

26 Court Street - Suite 1807 

Brooklyn, New York 1 1 242 

21 2-921 -2244 

arich@richlaw.us 

Via Email and by mailing same in a sealed envelope, with postage prewid thereon via First Class 

Mail within the State of New York. 

Sworn to before me this 

4th day of December, 2009. 

Notary Public 

DANIELLE SHAW 

NOTARY PUBLIC, Wnto of New york 

NO. OtSHG15I041 

Quafified in Kings Co nw 

Commission Expires 2,!!5#&>1 0 

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