POST v. MERRILL LYNCH, PIERCE, FENNER & SMITH, INC.


79 A.D.2d 558 (1980)

Jack E. Post et al., Respondents, v. Merrill Lynch, Pierce, Fenner & Smith, Incorporated, et al., Appellants

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

December 11, 1980


Modified, on the law, the facts, and in the exercise of discretion to grant the cross motion for leave to subpoena and depose the nonparty witnesses, and otherwise affirmed, without costs. Settle order on notice. Appeal from order of August 28, 1980, denying motion for reargument dismissed as nonappealable.

In this action by former employees to recover pension benefits under defendant's employee pension plan, defendant appeals from an order at Special Term granting...

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