Legal Opinion
Clarke v. Bank of New York
District Court, S.D. New York
Decided May 19, 1988No. 86 Civ. 5448 (JMC)PublishedCited by 10 opinions
1Opinion of the Court
OPINION
CANNELLA, District Judge.
Following a nonjury trial on the merits, the Court finds for the plaintiff in part. Fed.R.Civ.P. 52(a).
BACKGROUND
A bench trial of this action was held on October 20 and 21, 1987. The following discussion constitutes the Court’s findings of fact and conclusions of law.
In 1972, the Bank of New York, Inc. [the “Bank”], instituted an Employee Profit-Sharing Plan [the “Profit-Sharing Plan”]. The Profit-Sharing Plan is both an “employee pension benefit plan” and a “defined contribution plan” under the Employee Retirement Income Security Act of 1974 [“ERISA”] Pub L.…
2Cases cited16 opinions
- Fred Traguth and Otto Handtke, Individually and Doing Business as Dance Motion Press v. D'LeLa ZuckCourt of Appeals for the Second Circuit · 1983
- Central States, Southeast & Southwest Areas Pension Fund v. Central Transport, Inc.Supreme Court of the United States · 1985
- Norman L. Birl v. W. J. Estelle, Jr., Director Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1981
- Donovan v. BierwirthCourt of Appeals for the Second Circuit · 1982
- Ralph Pompano v. Michael Schiavone & Sons, Inc. And Revised Pension Plan of Michael Schiavone& Sons, Inc.Court of Appeals for the Second Circuit · 1982
11 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Massie v. IKON Office Solutions, Inc.District Court, N.D. New York · 2005
- Kekis v. Blue Cross & Blue Shield of Utica-Watertown, Inc.District Court, N.D. New York · 1993
- Velez v. Prudential Health Care Plan of New York, Inc.District Court, S.D. New York · 1996
- Varrone v. BilottiDistrict Court, E.D. New York · 1993
- Graham v. Federal Express Corp.District Court, W.D. Arkansas · 1989
5 more not listed; retrieve them via the Exa API.