Retail Shoe Health Commission v. Manufacturers Hanover Trust Co.

OPINION OF THE COURT

Kupferman, J. P.

The five consolidated actions underlying these cross appeals arise from the embezzlement during the period 1972 through 1979 of 714 checks totaling $675,634 by the late Jerome M. Simon, the former administrator of plaintiff Retail Shoe Health Commission, a collectively bargained multiemployer, jointly administered employee welfare fund (the Fund).

He prepared duplicate vouchers for medical benefit claims submitted by the Fund’s beneficiaries and, as an authorized signatory of the Fund, issued 714 duplicate checks drawn against the Fund’s checking account at…