SCHMIDT v. PARK AVE. BANK


147 Misc.2d 1043 (1990)

Gaillard L. Schmidt, Plaintiff, v. Park Avenue Bank, N. A., et al., Defendants.

Supreme Court, New York County.

March 8, 1990


Attorney(s) appearing for the Case

Walsh & Valdespino for plaintiff. Stein, Zauderer, Ellenhorn, Frischer & Sharp (Rob J. Crichton of counsel), for defendants.


DAVID B. SAXE, J.

This action between a former bank vice-president and his former employer, the Park Avenue Bank (the Bank), raises, inter alia, the issue of whether a "golden parachute" provision in a bank officer's employment contract violates the National Bank Act provision that a bank may dismiss its officers "at pleasure".

On August 26, 1987, the plaintiff and the Bank entered into a written employment agreement (the Agreement) by...

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