# Kellen v. Federal Paper Board Co.

> Appellate Division of the Supreme Court of the State of New York · March 25, 1974 · 44 A.D.2d 603

URL: https://www.frixlaw.com/law-library/cases/5792104

## Case

- **Full name:** Daniel Kellen v. Federal Paper Board Co., Inc.
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** March 25, 1974
- **Citations:** 44 A.D.2d 603; 354 N.Y.S.2d 591; 1974 N.Y. App. Div. LEXIS 5392
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5792104

## Opinion text

In an action inter alia for a declaratory judgment that plaintiff is entitled to the benefits of a pension plan, plaintiff appeals from an order of the Supreme Court, Kings County, dated June 12, 1972, which denied his motion for summary judgment on his first cause of action and granted defendant summary judgment dismissing the complaint. Order modified by striking therefrom the decretal provisions other than the one which denied plaintiff’s *604 motion. As so modified, order affirmed, with $20 costs and disbursements to plaintiff. Upon the papers before Special Term, a triable issue exists at least with respect to whether plaintiff could have become a member of the pension plan on August 12, 1969. Gulotta, P. J., Hopkins and Shapiro, JJ., concur; Martuscello and Cohalan, JJ., dissent and vote to affirm.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5792104. Public record. Not legal advice.