Majority
p. 1035Nicholas Giorno, Appellant, v. Banco Di Napoli Trust Company of New York et al., Respondents.
Order so far as appealed from, unanimously reversed, with ten dollars costs and disbursements, and the motion for summary judgment dismissing the third cause of action denied. There is at least a
p. 1036
triable issue as to whether there is a custom with respect to when a Christmas bonus is deemed earned. Present — Martin, P. J., Untermyer, Dore, Cohn and Callahan, JJ. [ 181 Misc. 46 .] [See 269 App. Div. 664 .]
Cases cited
- Giorno v. Banco Di Napoli Trust Co. 181 Misc. 46 p. 1036