BELKNAP v. DEAN WITTER & CO., INC.


61 N.Y.2d 802 (1984)

Robert E. Belknap, III, et al., as Coexecutors of Wolfram L. Ertinger, Deceased, Appellants, v. Dean Witter & Co., Inc., et al., Respondents.

Court of Appeals of the State of New York.

Decided February 16, 1984.


Attorney(s) appearing for the Case

John Hay McConnell, Stephen A. Agus and Ellen Dowd Vitale for appellants.

Jeffrey G. Steinberg and Christopher S. Rooney for respondents.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER and KAYE concur; Judge SIMONS taking no part.


MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

The April, 1968, corporate resolution of Laird, Bissel & Meeds, Inc. (LBM), on which plaintiffs' decedent's right to a pension is grounded, provided that "[i]n case of merger, the firm would attempt to have the pension continued, but could not, of course, guarantee that this would be the case." As a consequence of this limitation,...

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