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BISBING v. STERLING PRECISION

34 A.D.2d 427 (1970)

Ernest E. Bisbing et al., Appellants, v. Sterling Precision Corporation et al., Respondents

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

July 8, 1970.

Attorney(s) appearing for the Case

James L. Burke for appellants.

Winner, Sullivan & Delaney (George H. Winner of counsel), for respondents.

HERLIHY, P. J., and STALEY, JR., J., concur with SWEENEY, J.; REYNOLDS J., dissents and votes to affirm, in opinion in which GREENBLOTT, J., concurs.

SWEENEY, J.

This is an appeal from an order of the Supreme Court at Special Term, entered August 7, 1969 in Chemung County, which granted the motion of defendant, Sterling Precision Corporation, for summary judgment.

According to the complaint and affidavits submitted, plaintiffs are retired employees of the several defendants (hereafter collectively referred to as Sterling). They were all key skilled personnel on salary for a company engaged...

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