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SHAHZAD v. AM. LUNG ASSN.

184 Misc.2d 156 (2000)

706 N.Y.S.2d 866

NADEEM SHAHZAD, Plaintiff, v. AMERICAN LUNG ASSOCIATION, Defendant.

Supreme Court, New York County.

April 7, 2000.

Attorney(s) appearing for the Case

Gerstein & Churchill, P. C., New York City (Robert S. Churchill and Brendan R. Marx of counsel), for defendant.

Cobb & Cobb, Tuxedo (John W. Cobb of counsel), for plaintiff.

OPINION OF THE COURT

RICHARD F. BRAUN, J.

This is an action for severance pay and accrued vacation pay in the amount of $43,125. Defendant moves to dismiss the complaint pursuant to CPLR 3211 (a) (7). Plaintiff cross-moved for summary judgment. The cross motion was withdrawn.

On a motion to dismiss the complaint, the facts alleged therein must be accepted by the court as true (Morone v Morone,...

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