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MOHAWK AIRLINES v. PEACH

61 A.D.2d 346 (1978)

Mohawk Airlines, Inc., et al., Plaintiffs, v. Ann C. Peach, Individually and as Parent and Natural Guardian of Ryan E. Peach, an Infant, Respondent; Minge C. Peach et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

March 1, 1978

Attorney(s) appearing for the Case

Lockwood & Lockwood (Stephen Lockwood of counsel), for Robert Peach and another, appellants.

Hughes, Groben, Liddy, Cardamone & Gilroy (Michael Stephens of counsel), for Robert Groben, appellant.

Evans, Severn, Bankert & Peet for Minge Peach, appellant.

George F. Aney for respondent.

DILLON, HANCOCK, JR., and DENMAN, JJ., concur.

SIMONS, J. P.

This is a stakeholders' action brought upon an agreed statement of facts (see CPLR 3222). The parties seek a determination of the proper disposition of $51,904.40 representing the proceeds of two retirement plans maintained by plaintiffs for the benefit of Robert E. Peach, deceased. Mr. Peach was the founder and former chairman of the board of directors...

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