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BRAYLEY v. DOEHLER-JARVIS

218 A.D.2d 393 (1996)

637 N.Y.S.2d 909

In the Matter of Laverne D. Brayley et al., Appellants, v. Doehler-Jarvis Castings Division of NL Industries, Inc., et al., Respondents

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

February 2, 1996

Attorney(s) appearing for the Case

Theodore S. Kantor of counsel, Rochester (Bilgore Reich Levine Kroll & Kantor), for appellants.

Kenneth W. DiGia of counsel, New York City (Epstein Becker & Green, P. C.), for Doehler-Jarvis Castings Division of NL Industries, Inc., respondent.

GREEN, J. P., LAWTON, CALLAHAN and DOERR, JJ., concur.

FALLON, J.

The Batavia plant of Doehler-Jarvis Castings Division of NL Industries, Inc. (respondent) was closed in early 1982 because of economic hardship. The plant's employees were entitled to severance pay, and those qualified for retirement were instructed to choose between severance or enhanced retirement benefits. Because petitioners were all over the age of 55 and had worked for respondent for more than...

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