MacGREGOR v. PEAT, MARWICK, MITCHELL


22 A.D.2d 95 (1964)

Malcolm MacGregor, Respondent, v. Peat, Marwick, Mitchell & Co., Appellant

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

November 23, 1964.


Attorney(s) appearing for the Case

William Eldred Jackson of counsel (George H. Bailey with him on the brief; Milbank, Tweed, Hadley & McCloy, attorneys), for appellant.

Murray H. Warschauer of counsel (David B. Pollack with him on the brief; Graubard & Moskovitz, attorneys), for respondent.

RABIN, J. P., STEVENS and EAGER, JJ., concur in Per Curiam opinion; VALENTE and STEUER, JJ., dissent and vote to affirm on the opinion of COLEMAN, J., at Special and Trial Term.


Per Curiam.

Defendant appeals from a judgment entered January 3, 1964, in favor of plaintiff in the sum of $34,741.66, and which adjudged that the pension to which plaintiff is entitled is properly computed on the basis of the total compensation received by plaintiff during the last three years of his employment. Such total compensation included fixed salary plus a percentage of the profits.

Plaintiff, an accountant, was so employed by defendant from...

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