WOOD v. CAPITAL ONE FINANCIAL CORP.

2009-08116.

82 A.D.3d 1214 (2011)

919 N.Y.S.2d 863

LYNN M. WOOD, Respondent, v. CAPITAL ONE FINANCIAL CORP. et al., Appellants.

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

Decided March 29, 2011.


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

The plaintiff brought this action seeking damages, among other things, for breach of contract in connection with a stock plan for which employees of North Fork Bank were eligible. The defendants contended that the plaintiff was not an "employee" within the meaning of the stock plan on the date her rights under the stock plan vested. Before discovery, the Supreme Court granted that branch of the...

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