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MANOWITZ v. SENTER

62 A.D.2d 898 (1978)

William Manowitz, Appellant, v. Jonas Senter et al., as Trustees of The Employee Pension Plan of CITC Industries, Inc., et al., Respondents, et al., Defendant

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

June 27, 1978

Attorney(s) appearing for the Case

Sheldon M. Greenbaum of counsel (Thomas F. Ryan with him on the brief; Hess Segall Guterman Pelz & Steiner, attorneys), for appellant.

Jonathan S. Gaynin of counsel (Vincenti & Schickler, attorneys), for respondents.

KUPFERMAN, J. P., EVANS, LANE and MARKEWICH, JJ., concur.

FEIN, J.

Plaintiff appeals from an order which denied his motion for partial summary judgment declaring that he was "unlawfully removed from the pension roll" of defendant CITC Industries, Inc. (CITC) and is entitled to pension rights which vested prior to his voluntary termination of employment.

Plaintiff was employed by CITC from October, 1962 to January 31, 1973. During his tenure with defendant, CITC...

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