STEVENSON v. BANK OF NEW YORK CO., INC.

Docket No. 09-1681-cv.

609 F.3d 56 (2010)

Matthew Mills STEVENSON, on behalf of himself and as representative of the Stevenson Retirement Plan and the Stevenson SERP, Plaintiff-Appellant, v. The BANK OF NEW YORK COMPANY, INC., J. Carter Bacot, The Estate of Deno D. Papageorge, administrator of the Stevenson Retirement Plan and the Stevenson SERP, Thomas A. Renyi, Michael Sheperd, The Tax-Qualified Pension Plan, The Retirement Plan Committee, The Supplemental Executive Retirement Plan, The Stevenson Retirement Plan, The Stevenson SERP, The Excess Benefit Plan, BNY Profit Sharing Plan and its administrator, Phantom Pension Stock Plan and its administrator, Employee Savings Investment Plan and its administrator, Employee Stock Ownership Plan and its administrator, any other Plan and its administrator, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: June 15, 2010.


Attorney(s) appearing for the Case

Thomas E.L. Dewey, Dewey Pegno & Kramarsky LLP, New York, NY; Jerome M. Marcus, Marcus & Auerbach LLC, Wyncot, PA, on the brief, Jacob A. Goldberg, Faruqi & Faruqi, LLP, Elkins Park, PA, on the brief, for Plaintiff-Appellant.

Michael L. Banks, Morgan, Lewis & Bockius LLP, Philadelphia, PA, for Defendants-Appellees.

Before WALKER, RAGGI, Circuit Judges, and RAKOFF, District Judge.


JOHN M. WALKER, JR., Circuit Judge:

This appeal involves an alleged promise made by appellant Matthew Mills Stevenson's former employer, the Bank of New York Company ("BNY"), that it would maintain Stevenson's pension and benefits during Stevenson's tenure as General Manager of the Bank of New York—Inter Maritime Bank ("BNY-IMB"), a Swiss bank affiliate of BNY. Stevenson filed this suit against BNY and certain of its executives in the New York Supreme Court...

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