Kellen v. Federal Paper Board Co.

Appellate Division of the Supreme Court of New York

Kellen v. Federal Paper Board Co.

44 A.D.2d 603, 354 N.Y.S.2d 591, 1974 N.Y. App. Div. LEXIS 5392

Appellate Division of the Supreme Court of the State of New York·Decided March 25, 1974·Published

Opinion

In an action inter alia for a declaratory judgment that plaintiff is entitled to the benefits of a pension plan, plaintiff appeals from an order of the Supreme Court, Kings County, dated June 12, 1972, which denied his motion for summary judgment on his first cause of action and granted defendant summary judgment dismissing the complaint. Order modified by striking therefrom the decretal provisions other than the one which denied plaintiff’s [604] motion. As so modified, order affirmed, with $20 costs and disbursements to plaintiff. Upon the papers before Special Term, a triable issue exists at least with respect to whether plaintiff could have become a member of the pension plan on August 12, 1969. Gulotta, P. J., Hopkins and Shapiro, JJ., concur; Martuscello and Cohalan, JJ., dissent and vote to affirm.

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In an action inter alia for a declaratory judgment that plaintiff is entitled to the benefits of a pension plan, plaintiff appeals from an order of the Supreme Court, Kings County, dated June 12, 1972, which denied his motion for summary judgment on his first cause of action and granted defendant summary judgment dismissing the complaint. Order modified by striking therefrom the decretal provisions other than the one which denied plaintiff’s [604] motion. As so modified, order affirmed, with $20 costs and disbursements to plaintiff. Upon the papers before Special Term, a triable issue exists at least with respect to whether plaintiff could have become a member of the pension plan on August 12, 1969. Gulotta, P. J., Hopkins and Shapiro, JJ., concur; Martuscello and Cohalan, JJ., dissent and vote to affirm.

Kellen v. Federal Paper Board Co., 44 A.D.2d 603, 354 N.Y.S.2d 591, 1974 N.Y. App. Div. LEXIS 5392 (N.Y. Ct. App. 1974).

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44 A.D.2d 603 (Kellen v. Federal Paper Board Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.