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TOPPER v. MUT. LIFE INS. CO. OF NEW YORK

62 A.D.2d 932 (1978)

Claire Topper, Appellant-Respondent, v. Mutual Life Insurance Company of New York, Respondent-Appellant

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

April 13, 1978

Although plaintiff filed a notice of appeal only from the order, entered July 5, 1977, the resettled order may be reviewed on the appeal from the original order. (CPLR 5517, subd [b]; Finger v Finger, 38 A.D.2d 956.) The plaintiff was terminated as an employee of the defendant on May 1, 1974. At that time, the salary continuance plan was in force and controlled the benefits the plaintiff...

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