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PFISTER v. WATERTOWN CITY SCHOOL DISTRICT

100 N.Y.2d 610 (2003)

799 N.E.2d 613

767 N.Y.S.2d 390

LINDA PFISTER, Appellant, v. WATERTOWN CITY SCHOOL DISTRICT et al., Respondents.

Court of Appeals of the State of New York.

Decided September 23, 2003.

Attorney(s) appearing for the Case

Satter & Andrews, LLP, Syracuse (Mimi C. Satter and Matthew E. Bergeron of counsel), for appellant.

Sugarman Law Firm, LLP, Syracuse (Matthew D. Gumaer of counsel), for respondents.

Before: Chief Judge KAYE and Judges SMITH, CIPARICK, ROSENBLAIT, GRAFFEO and READ concur in memorandum.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, judgment on liability granted to plaintiff and the matter remitted to Supreme Court for a trial on damages.

We agree with the Appellate Division dissenters that under the unambiguous language contained in the settlement agreement, once the School District exercised its discretion to participate in the State's 1997 early retirement incentive program...

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