Motion for reargument denied. On the court's own motion, return of remittitur requested and, when returned, it will be amended to read as follows: "Order, insofar as appealed from, modified, with costs to plaintiffs, by denying summary judgment to the defendant on the pension plan cause of action and, as so modified, affirmed. Opinion by Wachtler, J. All concur." [See
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POST v. LYNCH
48 N.Y.2d 962 (1979)
Jack E. Post et al., Appellants, v. Merrill Lynch, Pierce, Fenner & Smith, Inc., et al., Respondents.
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Submitted November 26, 1979.
Decided December 17, 1979.
Court of Appeals of the State of New York.
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