Bristol v. Eastern Air Lines, Inc.

Appellate Division of the Supreme Court of New York

Bristol v. Eastern Air Lines, Inc.

133 A.D.2d 535, 519 N.Y.S.2d 1007, 1987 N.Y. App. Div. LEXIS 50021

CourtAppellate Division of the Supreme Court of the State of New York

DecidedSeptember 30, 1987

StatusPublished

Cited by2 cases

This text of 133 A.D.2d 535 (Bristol v. Eastern Air Lines, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bristol v. Eastern Air Lines, Inc., 133 A.D.2d 535, 519 N.Y.S.2d 1007, 1987 N.Y. App. Div. LEXIS 50021 (N.Y. Ct. App. 1987).

Pincite

Opinion

— Order unanimously modified on the law and as modified affirmed without costs, in accordance with the following memorandum: In this action for a declaratory judgment, it was error for the court to grant defendant’s motion for summary judgment dismissing the complaint without declaring the rights of the parties (Lanza v Wagner, 11 NY2d 317, 334, cert denied 371 US 901). We therefore modify the order to make an appropriate declaration. Plaintiff is not a "retired employee” of defendant and thus is not entitled to travel pass benefits. (Appeal from order of Supreme Court, Onondaga County, Grow, J. — declaratory judgment.) Present— Callahan, J. P., Denman, Green, Pine and Davis, JJ.

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— Order unanimously modified on the law and as modified affirmed without costs, in accordance with the following memorandum: In this action for a declaratory judgment, it was error for the court to grant defendant’s motion for summary judgment dismissing the complaint without declaring the rights of the parties (Lanza v Wagner, 11 NY2d 317, 334, cert denied 371 US 901). We therefore modify the order to make an appropriate declaration. Plaintiff is not a "retired employee” of defendant and thus is not entitled to travel pass benefits. (Appeal from order of Supreme Court, Onondaga County, Grow, J. — declaratory judgment.) Present— Callahan, J. P., Denman, Green, Pine and Davis, JJ.

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Bluebook (online)

133 A.D.2d 535, 519 N.Y.S.2d 1007, 1987 N.Y. App. Div. LEXIS 50021, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bristol-v-eastern-air-lines-inc-nyappdiv-1987.

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