FOGEL v. GOODELMAN


95 Misc.2d 937 (1978)

Norman Fogel, Plaintiff, v. Max Goodelman, as Administrator of the Profit Sharing Plan of Gemco Textiles, Inc., et al., Defendants.

Civil Court of the City of New York, Kings County.

August 3, 1978


Attorney(s) appearing for the Case

Eugene N. Turk for plaintiff. O'Connor, Quinlan & Mangan (Edward J. Quinlan of counsel), for Max Goodelman, defendant.


BERNARD FUCHS, J.

Plaintiff was employed as a commission salesman by Gemco Textiles, Inc., for 10 years until his resignation on May 28, 1976. At about that time plaintiff demanded his termination distribution under Gemco's profit-sharing plan but was refused. The following month he accepted employment as a salesman with one of Gemco's competitors.

The termination of plaintiff's employment with Gemco...

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