MacGREGOR v. PEAT, MARWICK, MITCHELL


40 Misc.2d 862 (1963)

Malcolm MacGregor, Plaintiff, v. Peat, Marwick, Mitchell & Co., Defendant.

Supreme Court, Special and Trial Term, New York County.

November 1, 1963


Attorney(s) appearing for the Case

Graubard & Moskovitz (Murray H. Warshauer of counsel), for plaintiff. Milbank, Tweed, Hadley & McCloy (William E. Jackson and Thomas B. Moorhead of counsel), for defendants.


SAMUEL C. COLEMAN, J.

Plaintiff, a certified public accountant, a former employee of the defendant accounting firm, retired upon reaching an age limit — sues to establish his right to have his pension payments computed on a basis which would increase the pension from $3,351.32 a year to $12,513.24. The increase, if allowed, would follow from including in "annual salary" not only the fixed amount received...

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