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CLARK v. BANK OF NEW YORK

No. 90 Civ. 4072 (MBM).

801 F.Supp. 1182 (1992)

Vincent C. CLARK, Michael G. Haggarty, and Robert E. Snauffer, Plaintiffs, v. The BANK OF NEW YORK, Irving Trust Company, and Manufacturers Hanover Trust Company, Defendants.

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

August 25, 1992.

Attorney(s) appearing for the Case

Richard C. Yeskoo, Fabricant, Yeskoo & Colangelo, P.C., New York City, for plaintiffs.

Sean R. Kelly, Anne T. Schwab, Saiber, Schlesinger, Satz & Goldstein, Newark, N.J., and New York City, for defendant Bank of New York.

OPINION AND ORDER

MUKASEY, District Judge.

In this action for employee benefits, the parties have taken profligate advantage of the availability of pre-trial motions. Defendant The Bank of New York (hereinafter "defendant" or "the Bank") has moved for summary judgment pursuant to Fed. R.Civ.P. 56(i) as to Count One on the ground that no material issue of fact remains in dispute, and (ii) as to Counts Two, Three, and Four on the ground that those

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