SHOE HEALTH COMMN. v. MFRS.


160 A.D.2d 47 (1990)

Retail Shoe Health Commission et al., Respondents, v. Manufacturers Hanover Trust Company et al., Appellants, and Eleanor Simon, Individually and as Administratrix of The Estate of Jerome M. Simon, Deceased, et al., Respondents, et al., Defendants Manufacturers Hanover Trust Company, Third-Party Plaintiff-Appellant-Respondent, v. Bankers Trust Co. et al., Third-Party Defendants-Appellants, et al., Third-Party Defendants Charles G. Reminick et al., Third-Party Plaintiffs-Respondents, v. Manufacturers Hanover Trust Company et al., Third-Party Defendants-Appellants, et al., Third-Party Defendants. (And Other Consolidated Actions.)

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

July 26, 1990


Attorney(s) appearing for the Case

William R. Mait of counsel (Robert Wang with him on the brief; Mait, Wang & Simmons, attorneys), for respondents.

Howard L. Wieder of counsel (Robert M. Rosenblith, attorney), for Manufacturers Hanover Trust Company, defendant third-party plaintiff-appellant-respondent and third-party defendant-appellant.

Jack H. Weiner (Christopher D. Kearns with him on the brief), for Bankers Trust Co., defendant and third-party defendant-appellant.

Maryellen Chomsky of counsel (Ira S. Newman, attorney), for Bank Leumi Trust Company of New York, third-party-defendant-appellant.

Robert T. Stephenson of counsel (Barbara E. Daniele, attorney), for Chemical Bank, third-party-defendant-appellant.

Marianne P. Sender of counsel (Kent T. Stauffer, attorney), for Chase Manhattan Bank, third-party-defendant-appellant.

Gregg A. Willinger of counsel (Robert E. Meshel and Andrew R. Simmonds with him on the brief; D'Amato & Lynch, attorneys), for Reminick, Aarons & Company and another, defendants and third-party plaintiffs-respondents.

ROSS, ASCH, ELLERIN and RUBIN, JJ., concur.


KUPFERMAN, J. P.

The five consolidated actions underlying these cross appeals arise from the embezzlement during the period 1972 through 1979 of 714 checks totaling $675,634 by the late Jerome M. Simon, the former administrator of plaintiff Retail Shoe Health Commission, a collectively bargained multiemployer, jointly administered employee welfare fund (the Fund).

He prepared duplicate vouchers for medical...

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