KOWALCZYK v. FLINTKOTE CO.


63 A.D.2d 846 (1978)

Stanley Kowalczyk, Respondent, v. Flintkote Company, Appellant

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

May 26, 1978


Judgment unanimously reversed, without costs, and matter remitted to Supreme Court, Erie County, for further proceedings.

Memorandum:

We reverse the summary judgment granted at Special Term which ordered defendant, Flintkote, to pay plaintiff, Kowalczyk, a monthly retirement benefit and, in this litigation over the meaning of the language contained in a collective bargaining agreement, direct that a trial of such issue of fact raised by the motions for summary...

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