Pfister v. Watertown City School District

CourtNew York Court of Appeals
Citation767 N.Y.S.2d 390,799 N.E.2d 613,100 N.Y.2d 610
Decision Date23 September 2003
PartiesLINDA PFISTER, Appellant, v. WATERTOWN CITY SCHOOL DISTRICT et al., Respondents.

100 N.Y.2d 610
799 N.E.2d 613
767 N.Y.S.2d 390

LINDA PFISTER, Appellant,
v.
WATERTOWN CITY SCHOOL DISTRICT et al., Respondents.

Court of Appeals of the State of New York.

Decided September 23, 2003.


100 N.Y.2d 611
Satter & Andrews, LLP, Syracuse (Mimi C. Satter and Matthew E. Bergeron of counsel), for appellant.

Sugarman Law Firm, LLP, Syracuse (Matthew D. Gumaer of counsel), for respondents.

Before: Chief Judge KAYE and Judges SMITH, CIPARICK, ROSENBLAIT, GRAFFEO and READ concur in memorandum.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, judgment on liability granted to plaintiff and the matter remitted to Supreme Court for a trial on damages.

We agree with the Appellate Division dissenters that under the unambiguous language contained in the settlement agreement, once the School District exercised its discretion to participate in the State's 1997 early retirement incentive program, it had no discretion to structure that plan in a manner that would

799 N.E.2d 612
deny plaintiff the opportunity "to be eligible for and participate in" the program.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order reversed, etc.

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2 practice notes
  • People v. Fortunato, 2007 NY Slip Op 33875(U) (N.Y. Sup. Ct. 11/20/2007), 0008607/2006.
    • United States
    • United States State Supreme Court (New York)
    • November 20, 2007
    ...as a matter of law for appellate review and, thus, cannot be reviewed by this Court under C.P.L. §330.30(1). People v. Everson, 100 N.Y.2d at 610; People v. Patino, 259 A.D.2d at 502. Accordingly, the defendant' s motion to set aside the verdict on this ground is Page 6 3. The Defendant's C......
  • People v. Everson
    • United States
    • United States Court of Appeals (New York)
    • September 23, 2003
    ...of Appeals of the State of New York. Decided September 23, 2003. Muldoon & Getz, Rochester (Gary Muldoon of counsel), for appellant. 100 N.Y.2d 610 William J. Fitzpatrick, District Attorney, Syracuse (James P. Maxwell of counsel), for Before: Chief Judge KAYE and Judges SMITH, CIPARICK, ROS......
2 cases
  • People v. Fortunato, 2007 NY Slip Op 33875(U) (N.Y. Sup. Ct. 11/20/2007), 0008607/2006.
    • United States
    • United States State Supreme Court (New York)
    • November 20, 2007
    ...as a matter of law for appellate review and, thus, cannot be reviewed by this Court under C.P.L. §330.30(1). People v. Everson, 100 N.Y.2d at 610; People v. Patino, 259 A.D.2d at 502. Accordingly, the defendant' s motion to set aside the verdict on this ground is Page 6 3. The Defendant's C......
  • People v. Everson
    • United States
    • United States Court of Appeals (New York)
    • September 23, 2003
    ...of Appeals of the State of New York. Decided September 23, 2003. Muldoon & Getz, Rochester (Gary Muldoon of counsel), for appellant. 100 N.Y.2d 610 William J. Fitzpatrick, District Attorney, Syracuse (James P. Maxwell of counsel), for Before: Chief Judge KAYE and Judges SMITH, CIPARICK, ROS......

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