Silfen v. United Whelan Corp.

Order and judgment in favor of the plaintiff entered November 30, 1967 and December 7, 1967, respectively, unanimously reversed, on the law, without costs or disbursements, and defendant-appellant’s motion for summary judgment dismissing the complaint granted. The interpretation which the plaintiff as well as the defendant-appellant employer placed on the notice of November 13, 1946, as shown by their course of conduct in the ensuing 18, years, conclusively demonstrates that the unilaterally established noncontributory pension plan was revocable at the will of the appellant. At the time of…