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RESNICK v. RESNICK

No. 85 Civ. 9026 (RJW).

763 F.Supp. 760 (1991)

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 on behalf of himself and all other Shareholders of such Corporation, Plaintiff, v. Irving RESNICK, Individually and 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 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, 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.

May 15, 1991.

Attorney(s) appearing for the Case

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

Julia Barash, New York City, for defendant Irving Resnick.

Edward R. Epstein, New York, City for additional defendants on the counterclaims.

OPINION

ROBERT J. WARD, District Judge.

Plaintiff Herman Resnick ("Herman") has moved to strike the jury demand contained in the Corrected Answer to the First Amended Complaint filed by defendant Irving Resnick ("Irving"). For the reasons that follow, the motion is granted in part and denied in part.

BACKGROUND

The facts giving rise to this most recent episode in the longstanding and bitter quarrel between the Resnick brothers have been...

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