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FOGEL v. GOODELMAN

100 Misc.2d 140 (1979)

Norman Fogel, Respondent, v. Max Goodelman, as Administrator of the Profit Sharing Plan of Gemco Textiles, Inc., Appellant, et al., Defendant.

Supreme Court, Appellate Term, Second Department.

July 19, 1979

Attorney(s) appearing for the Case

O'Connor, Quinlan & Mangan, P. C. (Edward J. Quinlan of counsel), for appellant. Eugene N. Turk for respondent.

Concur: PINO, P. J. and BUSCHMANN, J.; JONES, J., dissents in a memorandum.

MEMORANDUM.

Judgment of the court below (see 95 Misc.2d 937) reversed, without costs and complaint dismissed.

Plaintiff was an employee and participant in a profit-sharing plan of Gemco Textiles, Inc. He was given a "Participant's Account Statement" each year. The July 1, 1975 statement showed a balance of $6,691.48 and stated: "In the event you terminate your employment...

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