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PASTERNACK v. DIAMOND

3 A.D.2d 422 (1957)

Louis Pasternack, Respondent, v. Irving Diamond et al., as Trustees of The Luggage Workers Union Retirement Fund, Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

April 16, 1957.

Attorney(s) appearing for the Case

Isadore Katz of counsel (Elias Lieberman with him on the brief; Lieberman, Katz & Aronson, attorneys), for appellants.

Arthur A. Grutman for respondent.

PECK, P. J., BREITEL, FRANK, VALENTE and McNALLY, JJ., concur.

Per Curiam.

In this equity action to compel the defendants, trustees of a pension fund, to make retirement payments to the plaintiff and for a money judgment for accrued payments, judgment was entered for the plaintiff after trial.

The complaint, in essence, alleges a breach of contract; to wit, a trust agreement providing for retirement benefits for superannuated members of a labor union. The board of trustees...

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