Van Buren v. Wisch

Appeal from an order of the Supreme Court at Special Term (Conway, J.), entered June 10, 1982 in Rensselaer County, which granted defendants’ motion to dismiss the complaint and denied plaintiff’s cross motion for summary judgment. The dispositive issue on this appeal is whether Special Term erred in concluding that defendants’ interpretation of its pension plan, which resulted in plaintiff’s ineligibility for pension benefits, was proper. Defendants’ pension plan provides that after a two-year break in service, the employee is no longer a member of the pension plan. At issue on this appeal…