Fogel v. Goodelman

OPINION OF THE COURT

Memorandum.

Judgment of the court below (see 95 Mise 2d 937) reversed, *141without costs and complaint dismissed.

Plaintiff was an employee and participant in a profit-sharing plan of Gemco Textiles, Inc. He was given a "Participant’s Account Statement” each year. The July 1, 1975 statement showed a balance of $6,691.48 and stated: "In the event you terminate your employment with the Company other than for retirement, death and/or disability, you are entitled to receive 60% of the above total as a termination distribution under the vesting provisions of the Plan.” Plaintiff…