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EDELMAN v. SMITH BARNEY, INC.

No. 98 Civ. 691(CBM).

55 F.Supp.2d 218 (1999)

Henry EDELMAN and Philip Edelman Plaintiffs, v. SMITH BARNEY, INC. and Elizabeth Clark, Defendants.

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

June 23, 1999.

Attorney(s) appearing for the Case

George D. Kappus, Rivkin, Radler & Kremer, Uniondale, NY, for plaintiffs.

Alejandro Schwel, Smith Barney, Inc., New York City, for defendant Philip Edelman.

P. Edward Reale, Twomey, Latham, Shea & Kelley, L.L.P., Riverhead, NY, for defendant Elizabeth B. Clark.

MEMORANDUM OPINION

MOTLEY, District Judge.

Plaintiffs, Henry and Philip Edelman, bring this diversity action against Smith Barney and Elizabeth Clark pursuant to New York Civil Practice Law and Rules § 3001, seeking a judgment declaring them the lawful beneficiaries to the proceeds in their late father's retirement plan (hereafter, "the Edelman Plan"). Presently before the court is defendant Elizabeth Clark's motion for summary judgment. Elizabeth...

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