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SMITH v. PATHMARK STORES, INC.

57 A.D.3d 759 (2008)

869 N.Y.S.2d 584

DAVID SMITH, Respondent, v. PATHMARK STORES, INC., Formerly Known as SUPERMARKETS GENERAL CORPORATION, Respondent, and Estate of MARGARET O'NEILL, Deceased, by TOM O'NEILL, Executor, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

December 16, 2008.

Ordered that the order and judgment is affirmed insofar as appealed from, with costs.

The plaintiff met his burden in moving for summary judgment by establishing, prima facie, that he was the designated beneficiary under a Pathmark 401k Savings Plan (hereinafter the Plan) maintained by his former wife, now deceased (hereinafter the decedent), as an employee of the defendant Pathmark Stores, Inc., formerly known as Supermarkets General Corporation (hereinafter Pathmark...

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