Order granting defendant's motion for summary judgment dismissing the first cause of action in the complaint is reversed on the law, with costs to appellant to abide the event, and the motion is denied with leave to defendant, if it is so advised, to renew its motion after the conclusion of examinations before trial.
In the first cause of action, 1,340 former nonunion employees, whose employment was terminated when defendant decided to eliminate its wholesale periodical...
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