Judgment reversed, on the law, and new trial granted, with costs to abide the event.
The appeal did not present questions of fact. Whether plaintiff's forced retirement was in reality "a reduction of work force", entitling him to severance payment, or a "discharge or forced resignation" cannot be determined as a matter of law from the severance pay formula. This formula contains a latent ambiguity, the interpretation of which belonged to the jury (Lachs v. Fidelity...
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