Memorandum by the court.
Order granting defendant's motion for summary judgment and the judgment entered thereupon are reversed, on the law, and the motion is denied, with costs to abide the event. Issues of fact are raised with regard to the good faith of the demand made by plaintiff employee and the offer by defendant employer subsequent to the discharge. The finder of the facts might well conclude that both parties were merely jockeying for position in the litigation...
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