Schultz v. Acme Folding Box Co.

In an action inter alia to recover pension benefits, allegedly fraudulently withheld from plaintiff, the appeal is from so much of an order of the Supreme Court, Queens County, dated January 16, 1976, as (1) denied the branch of appellants’ motion which sought dismissal of the first and third causes of action and (2) granted plaintiff leave to serve an amended complaint, in which he could seek punitive damages as part of the first cause of action. Order modified, on the law, by adding to the second decretal paragraph thereof, immediately after the word "denied”, the following: "except as to…