New York Court of Appeals December 17, 1979 (Post v. Merrill Lynch, Pierce, Fenner & Smith, Inc.)

Motion for reargument denied. On the court’s own motion, return of remittitur requested and, when returned, it will be amended to read as follows: "Order, insofar as appealed from, modified, with costs to plaintiffs, by denying summary judgment to the defendant on the pension plan cause of action and, as so modified, affirmed. Opinion by Wachtler, J. All concur.” [See 48 NY2d 84.]