TERITO v. JOHN SWIFT CO.


111 Misc.2d 424 (1981)

Dominick Terito, Plaintiff, v. John S. Swift Co., Inc., et al., Defendants.

Supreme Court, Trial Term, Queens County.

November 20, 1981


Attorney(s) appearing for the Case

Neil L. Kanzer for plaintiff. Patterson, Belknap, Webb & Tyler for defendants.


GEORGE A. MURPHY, J.

In this action the plaintiff, Dominick A. Terito, a former employee of the defendant John S. Swift Co., Inc., seeks a declaratory judgment concerning his rights to a company pension after his services were terminated. The plaintiff also seeks money damages. The defendants deny the material allegations of the complaint and have interposed five affirmative defenses, the first four on procedural

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