FOGEL v. GOODELMAN


74 A.D.2d 594 (1980)

Norman Fogel, Appellant, v. Max Goodelman, as Administrator of The Profit Sharing Plan of Gemco Textiles, Inc., et al., Respondents

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

February 11, 1980


Order affirmed, without costs or disbursements, and without prejudice to the commencement of an action by plaintiff for a judgment declaring that plaintiff did not forfeit his rights under the profit-sharing plan in question.

After resigning from employment on May 28, 1976, plaintiff commenced this action to recover his interest in his former employer's profit-sharing plan, which he alleged to be vested. The Civil Court, following a nonjury trial, held that the plan...

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