Tofany v. NBS Imaging Systems, Inc.

STATON, Judge.

Vincent L. Tofany appeals a judgment in favor of NBS Imaging Systems, Inc., raising three issues for our review:

I. Whether the trial court erred in denying his motion for partial summary judgment as to the res judicata effect of a federal court action on the issue of whether a pension plan existed for purposes of Tofany's ERISA counterclaim.

II. Whether the trial court's findings of fact and conclusions of law were adequate to address the issues.

III. Whether the trial court's judgment was inconsistent with the evidence.

NBS raises an additional issue:

IV. Whether NBS is entitled to…