By Khali Henderson

A partial summary judgment awarded to master agent KeaneTel, Atco, N.J., against New York-based MetTel (Metropolitan Telecommunications) was, on appeal, vacated Nov. 9, 2009, by the Supreme Court of the State of New York, County of New York, as premature, according to a Jan. 7 press statement released by MetTel.

In summer 2009, KeaneTel was awarded partial summary judgment of more than $70,000 by the court for the failure by MetTel (Metropolitan Telecommunications) to pay commissions due KeaneTel for the period February 2007 through September 2007. KeaneTel is seeking a judgment of more than $540,000 in earned commissions plus more than $560,000 additional for forward-looking commissions under the evergreen provisions of its contract.

MetTel appealed the partial summary judgment.

According to an earlier KeaneTel statement, the case concerns allegations that MetTel, in violation of its agent agreement with KeaneTel, recruited subagents KeaneTel had brought to them, paid those subagents directly, ceased paying KeaneTel on any accounts sold by KeaneTel or their subagents and ignored the evergreen provisions of the contract.

MetTel’s statement said the judgment was vacated based on evidence provided by MetTel during pretrial discovery, which the court said “may bear on the issue of whether or not the plaintiff is entitled to recover the [said] commissions.”

KeaneTel’s claim that MetTel withheld commission payments to them is without merit, MetTel said in its press statement, noting: “MetTel maintains that it was KeaneTel who withheld payments on legitimate sales made by its subagents on behalf of MetTel. MetTel then paid the commissions due directly to the subagents because KeaneTel refused to do so.”

Attempts to contact KeaneTel for comment were not returned.

According to MetTel, the case remains in the discovery phase and no court date has been set.