Fernekes v. CMP Industries, Inc.

This is an appeal by permission of the Appellate Division, Third Department, from a final judgment in an equity action in favor of the plaintiffs. The action was commenced for the adjudication of plaintiffs’ rights under a “ Salaried Employees’ Retirement and Profit Sharing Program of Consolidated Metal Products Corporation ” (hereafter called Plan). The name of the corporation was subsequently changed to CMP Industries, Inc. (hereafter called Company), one of the named defendants in the action. The other named defendant, The National Commercial Bank and Trust Company of Albany, was a…