Lano v. Rochester Germicide Co.

Otis, Justice.

These appeals, which have been consolidated for hearing, are from an order denying plaintiff’s motion for substituted findings or for a new trial and from a judgment in favor of defendant.

This action was brought to recover a sum which plaintiff asserts is presently payable under a profit-sharing pension plan instituted when he was employed by defendant. The only question for review is whether the defendant has a right to defer payments until plaintiff reaches the age of 65 in the year 1976.

The defendant is engaged in the business of producing and distributing sanitary supplies.…