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

No. 92 Civ. 0045 (RWS).

801 F.Supp. 1247 (1992)

June DONNELLY, Plaintiff, v. The BANK OF NEW YORK COMPANY, INC., and Irving Bank Corporation Benefits Protection Trust, Defendants.

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

August 28, 1992.

Attorney(s) appearing for the Case

Phillips Cappiello Kalban, Hofmann & Katz, P.C., New York City (Sidney H. Kalban, of counsel), for plaintiff.

Michael D. Povman, New York City, for defendant, The Bank of New York.

Kelley Drye & Warren, New York City (Vincent J. Conlan, Esq. of Counsel) for defendant Irving Bank Corp.

OPINION

SWEET, District Judge.

Defendants The Bank of New York Company, Inc. ("BNYC") and Irving Bank Corporation Benefits Protection Trust (the "Trust") through its trustee Manufacturers Hanover Trust Company ("MHT" or the "Trustee") (BNYC and the Trust are referred to collectively as the "Defendants") have moved under Rule 56, Fed.R.Civ.P. for summary judgment dismissing the complaint of plaintiff June Donnelly...

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