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DAVIS v. COMMERCIAL BANK OF NEW YORK

No. 02 Civ.1913(SAS).

275 F.Supp.2d 418 (2003)

Michael D. DAVIS, Plaintiff, v. COMMERCIAL BANK OF NEW YORK, Defendant.

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

June 18, 2003.

Attorney(s) appearing for the Case

W. Dan Boone, Boline & Boone, New York City, for Plaintiff.

Eric J. Bressler, Wickham, Wickham & Bressler, P.C., Melville, NY, for Defendant.

OPINION AND ORDER

SCHEINDLIN, District Judge.

Michael D. Davis is suing his former employer, the Commercial Bank of New York ("CBNY" or the "Bank"), for failure to pay severance benefits under the Employee Retirement Income Security Act of 1974 ("ERISA")1 and related claims. The Bank now seeks to dismiss the complaint for lack of subject matter jurisdiction, claiming that there was no severance "plan" within the meaning...

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