JANOVER v. BERNAN FOODS, INC.

No. 92 Civ. 5454 (DAB).

901 F.Supp. 695 (1995)

Peter G. JANOVER, Plaintiff, v. BERNAN FOODS, INC., The Axmar Investment Company, Robert Marcus, Betty Marcus, The Birchall Investment Company, and The Ziuta G. Akston Trust, The Betty G. Marcus Trust # 1, The Betty G. Marcus Trust # 2, The Betty G. Marcus Trust # 3, in their capacities as partners of The Axmar Investment Company, and The Betty G. Marcus Trust # 4, The Betty G. Marcus Trust # 5, The Robert P. Marcus Trust # 1, and The Robert P. Marcus Trust # 2, in capacities as partners of The Birchall Investment Company, Defendants.

United States District Court, S.D. New York.

October 16, 1995.


Attorney(s) appearing for the Case

Carter K. Combe, Roberts & Finger, New York City, for plaintiff.

Elliot G. Sagor, and Judith Cohen, Squadron, Ellenoff, Pleasen & Lehrer, New York City, Jeffrey G. Pittell, The Law Firm of Edward Tanenhaus, New York City, for defendants.


OPINION

BATTS, District Judge.

Peter G. Janover ("Plaintiff") moves for partial summary judgment to collect severance benefits pursuant to the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. §§ 1001 et seq., or, alternatively, under New York State contract law, and for a declaration that a separate future services agreement is unenforceable. Defendants cross-move for partial summary judgment concerning the severance benefits...

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