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GLUSBAND v. FITTIN CUNNINGHAM & LAUZON, INC.

No. 234, Docket 89-7503.

892 F.2d 208 (1989)

Steven J. GLUSBAND, as Receiver for Michael Starbuck, Inc. and Associates, Plaintiff, v. FITTIN CUNNINGHAM & LAUZON, INC., James J. Armenakis, as Receiver for Michael Starbuck, Inc., Michael Starbuck, Robert Starbuck, John Starbuck, Paul Carmel, Thomas J. Fittin, Jr., Joseph Lauzon, Frank Earl Kunker III, Insurance Company of North America and National Grange Mutual Insurance Company, Defendants. INSURANCE COMPANY OF NORTH AMERICA, Defendant-Appellant, v. James J. ARMENAKIS, as Receiver for Michael Starbuck, Inc., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided December 19, 1989.

Attorney(s) appearing for the Case

William P. Sullivan, Jr., New York City (Jeffrey M. Winn, Bigham Englar Jones & Houston, New York City, of counsel), for defendant-appellant.

James J. Armenakis, New York City (Brandon T. Davis, Friedman, Farren & Armenakis, New York City, of counsel), pro se.

James W. Rayhill, New York City (Lawrence F. Carnevale, Robert C. Malaby, Carter, Ledyard & Milburn, New York City, of counsel), for plaintiff, amicus curiae.

Before MESKILL and WINTER, Circuit Judges, and LASKER, District Judge.

WINTER, Circuit Judge:

This is an action by plaintiff Steven J. Glusband, as receiver for Michael Starbuck, Inc. and Associates ("MSIA"), to recover losses suffered by MSIA under a bond insuring against the dishonest or fraudulent conduct of employees. Magistrate Francis tried the case before a jury that found appellant Insurance Company of North America ("INA") liable under that bond for the losses. Because we conclude that...

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