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ROMANELLO v. SANPAOLO

No. 152.

22 N.Y.3d 881 (2013)

998 N.E.2d 1050

976 N.Y.S.2d 426

2013 NY Slip Op 6600

GIUSEPPE ROMANELLO, Appellant, v. INTESA SANPAOLO, S.P.A., et al., Respondents.

Court of Appeals of New York.

Decided October 10, 2013.

Attorney(s) appearing for the Case

Di Santo Bowles Bruno & Lutzer LLP, New York City ( Maury B. Josephson of counsel), and Law Office of Maury B. Josephson, P.C., Melville, for appellant.

Gilmartin, Poster & Shafto LLP, New York City ( Michael C. Lambert , Richard A. Bertocci and Andreas Seuffert of counsel), for respondents.

Judges GRAFFEO, READ, SMITH and PIGOTT concur; Judge ABDUS-SALAAM dissents in part in an opinion in which Chief Judge LIPPMAN and Judge RIVERA concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division, insofar as appealed from, should be modified, without costs, by reinstating the second cause of action and, as so modified, affirmed.

Plaintiff Giuseppe Romanello is a former executive of the financial services firm Intesa Sanpaola S.p.A. (Intesa). Plaintiff worked for Intesa and its predecessor for approximately 25 years when he became ill and unable to work. He was diagnosed...

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