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O'SHEA v. FIRST MANHATTAN CO. THRIFT PLAN & TRUST

No. 1262, Docket 94-9004.

55 F.3d 109 (1995)

John P. O'SHEA, Jr., as Executor of the last will and testament of Marion C. Talbot, Deceased, Plaintiff-Counterclaim Defendant-Appellant, v. FIRST MANHATTAN CO. THRIFT PLAN & TRUST, Defendant-Counter-Claimant Cross-Claimant, Victoria M. Lippolis, Individually, and as Parent and Natural Guardian and Robert Lippolis, as Parent and Natural Guardian of Jessica L. Lippolis, Nicole K. Lippolis and Keri M. Lippolis, Infants, Defendants-Cross-Claim-Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided May 23, 1995.

Attorney(s) appearing for the Case

John E. Ryan, Floral Park, NY (Kwiatkokski & Ryan, Floral Park, NY, and Patrick M. McKenna, McKenna & Schneier, Valley Stream, NY of counsel), for plaintiff-counterclaim defendant-appellant.

Louis A.H. Pepper, Great Neck, NY, for defendants-cross-claim-defendants-appellees.

Before: KEARSE and LEVAL, Circuit Judges, and BAER, District Judge.

BAER, District Judge:

This appeal results from litigation among the heirs of Marion C. Talbot. Ms. Talbot worked almost up to her death and never had a chance to enjoy her fully vested retirement benefit of approximately $150,000, which is the bone of contention here. Sadly, legal fees must by now have depleted much of Ms. Talbot's nest egg. Appellant John P. O'Shea, Jr., executor of the last will and testament of Marion C. Talbot, sued the First Manhattan Co. Thrift...

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