GITELSON v. DU PONT


17 N.Y.2d 46 (1966)

Samuel Gitelson, Respondent, v. Edmond Du Pont et al., as Copartners Doing Business Under the Name of Francis I. Du Pont & Company, et al., Appellants.

Court of Appeals of the State of New York.

Decided February 17, 1966.


Attorney(s) appearing for the Case

Raymond P. O'Keefe, John F. X. Peloso and Daniel Hirsch for appellants.

Bernard Furman for respondent.

Chief Judge DESMOND and Judges FULD, VAN VOORHIS, SCILEPPI, BERGAN and KEATING concur.


BURKE, J.

The plaintiff, a former employee of the defendant (Du Pont), brought this suit to recover an amount standing to his credit in the defendant's retirement fund, made up of payments made by Francis I. Du Pont and Company, stockbrokers, to a bank as the trustee of their employees' retirement fund (the Fund). The Fund was administered under a plan by a three-man board (the Board) on which three Du Pont partners...

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