RESNICK v. RESNICK

No. 85 Civ. 9026 (RJW).

722 F.Supp. 27 (1989)

Herman RESNICK, Individually, as Co-Trustee of the F. Resnick Inc. Retirement Plan and Trust and the F. Resnick Inc. Employees' Pension Plan and Trust, and as a Shareholder of F. Resnick Inc. on behalf of himself and all other Shareholders of such Corporation, Plaintiff, v. Irving RESNICK, Individually, as Co-Trustee of the F. Resnick Inc. Retirement Plan and Trust and the F. Resnick Inc. Employees' Pension Plan and Trust, as Director of F. Resnick, Inc. on Behalf of F. Resnick Inc., and as a shareholder of F. Resnick Inc. on Behalf of Himself and all other Shareholders of F. Resnick Inc. Similarly Situated and on Behalf of and in the Right of F. Resnick Inc., the F. Resnick Inc. Retirement Plan and Trust and the F. Resnick Inc. Employees' Pension Plan and Trust, Defendants and Third-Party Plaintiffs. Arnold RESNICK, A. Resnick Textile Co., Inc. and F. Resnick Inc., Additional Defendants, v. Steven RESNICK, Max Landa, Resnick & Landa, Inc., F. Resnick Inc. and Manufacturers Hanover Trust Company, Additional Defendants on the Counterclaim.

United States District Court, S.D. New York.

September 14, 1989.


Attorney(s) appearing for the Case

Julia Barash and Ross & Hardies, New York City (Peter I. Livingston, of counsel), for Irving Resnick.

Field, Lomenzo, Turret & Blumberg, P.C., New York City (Ira A. Turret, of counsel), for Herman Resnick.

Robert M. Rosenblith, New York City (Robin J. Artz, of counsel), for Manufacturers Hanover Trust Co.


OPINION

ROBERT J. WARD, District Judge.

Defendant and third-party plaintiff Irving Resnick ("Irving") moves for partial summary judgment pursuant to Rule 56, Fed.R.Civ.P., on his 11th counterclaim against plaintiff Herman Resnick ("Herman") as co-trustee of the F. Resnick, Inc. Pension Plan and Trust (the "Pension Plan"), to authorize and direct the Pension Plan to make payment to Irving of the sum of $176,364 plus interest as of March 31, 1989 and on his...

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