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SIGISMONDI v. QUEENS TR. CORP.

38 A.D.2d 71 (1971)

Salvatore Sigismondi, Respondent, v. Queens Transit Corp., Appellant, et al., Defendants

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

December 27, 1971.

Attorney(s) appearing for the Case

Goodstein, Zamore, Mehlman & Krones (Fred H. Krones and Benjamin Wm. Mehlman of counsel), for appellant.

Bohner & Bohner for respondent.

MUNDER and BENJAMIN, JJ., concur with SHAPIRO, J.; HOPKINS, Acting P. J., dissents and votes to reverse the order and to deny the motion, in an opinion, in which BRENNAN, J., concurs.

SHAPIRO, J.

Defendant the Queens Transit Corp. appeals from an order which granted the plaintiff's motion for summary judgment. The propriety of the Special Term's determination depends upon the interpretation of the contract entered into between the appellant (Queens) and the defendant Transport Workers' Union of America, A. F. L.-C. I. O., Local 100 (Union).

The plaintiff had been an employee of Queens...

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