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WENTWORTH v. ST. JOSEPH'S HOSPITAL HEALTH CENTER

277 A.D.2d 1055 (2000)

715 N.Y.S.2d 811

DAVID E. WENTWORTH, Respondent, v. ST. JOSEPH'S HOSPITAL HEALTH CENTER, Appellant.

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

Decided November 13, 2000.

Order and judgment unanimously reversed on the law without costs, motion denied, cross motion granted and fourth cause of action dismissed.

Memorandum:

Supreme Court erred in determining that the Extended Leave Account (ELA) provision of defendant's Benefits Brochure created an implied agreement to allow plaintiff to continue employment until he reaches retirement age and thus erred in granting plaintiff's motion...

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