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  5. 44 N.Y.2d 661 (1978)
 

GILLETTE v. HEINRICH MOTORS, INC.

44 N.Y.2d 661 (1978)

Avery Gillette, Respondent, v. Heinrich Motors, Inc., Appellant.

Court of Appeals of the State of New York.

Decided March 23, 1978.

Attorney(s) appearing for the Case

Frank H. Penski, David L. Hoffberg and Michael R. Lindburg for appellant.

James S. Grossman and Bette M. Gould for respondent.

Concur: Chief Judge BREITEL and Judges GABRIELLI, JONES, WACHTLER and COOKE. Judge FUCHSBERG dissents and votes to reverse in the following opinion in which Judge JASEN concurs.

Order affirmed, with costs, on the memorandum at the Appellate Division (55 A.D.2d 841).

FUCHSBERG, J. (dissenting).

Adopting, as we must, the affirmed findings that the defendant's offer of fringe benefits ripened into a binding contract and that the "New Car Salesman's Plan" (hereinafter Plan) correctly describes its terms, the interpretation of that contract presents a question of law on the basis of which...

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