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

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

DecidedMarch 25, 1974

StatusPublished

This text of 44 A.D.2d 603 (Kellen v. Federal Paper Board Co.) 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

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).

Pincite

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]*604motion. 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.

Free access — add to your briefcase to read the full text and ask questions with AI

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]*604motion. 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.

Cite This Page — Counsel Stack

Bluebook (online)

44 A.D.2d 603, 354 N.Y.S.2d 591, 1974 N.Y. App. Div. LEXIS 5392, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kellen-v-federal-paper-board-co-nyappdiv-1974.