Giorno v. Banco Di Napoli Trust Co.

268 A.D. 1035 | N.Y. App. Div. | 1945

Order unanimously reversed, with ten dollars costs and disbursements, and the motion for summary judgment dismissing the first cause of action denied upon the ground that there are issues of fact as to the severance pay which must be determined upon a trial. (See opinion of Untermyer, J., in Montefaloone V. Banco Di Napoli Trust Co., ante, p. 636, decided herewith.) Present — Martin, P. J., Untermyer, Dore, Cohn and Callahan, JJ/ [180 Misc. 985.] [See 269 App. Div. 664.]