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KIRK v. SCHINDLER ELEVATOR CORP.

49 A.D.3d 300 (2008)

854 N.Y.S.2d 4

DANIEL KIRK et al., Appellants, v. SCHINDLER ELEVATOR CORP., Respondent.

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

Decided March 6, 2008.

Plaintiff was reassigned, on the basis of performance reviews and other criteria, from a managerial position to a supervisory, nonmanagerial position, possibly with a reduction of pay; he was assured, however, that his employer needed him and he would remain employed. Rather than accept what he viewed as a demotion, plaintiff resigned and took a new managerial position at another company, albeit at a lower salary. Since he left...

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