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MORRIS v. SCHRODER CAPITAL

7 N.Y.3d 616 (2006)

859 N.E.2d 503

825 N.Y.S.2d 697

PAUL M. MORRIS, Appellant, v. SCHRODER CAPITAL MANAGEMENT INTERNATIONAL et al., Respondents.

Court of Appeals of New York.

Decided November 21, 2006.

Attorney(s) appearing for the Case

Frank H. Wright & Associates, P.C., New York City (Frank H. Wright and Robert M. Sanchez of counsel), for appellant.

Pillsbury Winthrop Shaw Pittman LLP, Washington, D.C. and New York City (Christine N. Kearns, Julia E. Judish and E. Leo Milonas of counsel), for respondents.

Judges CIPARICK, ROSENBLATT, GRAFFEO, READ and SMITH concur; Chief Judge KAYE taking no part.

OPINION OF THE COURT

PIGOTT, J.

Paul M. Morris commenced this action against his former employer in federal district court alleging breach of contract for failure to pay him certain deferred compensation benefits. The United States District Court for the Southern District of New York dismissed the complaint for failure to state a claim, finding that Morris forfeited his rights to the benefits under various...

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