GERSTEL v. WORKMEN'S BENEFIT FUND OF THE UNITED STATES OF AM.


4 A.D.2d 937 (1957)

Frederick Gerstel, Respondent-Appellant, v. Workmen's Benefit Fund of the United States of America, Appellant, and Adolf Margoe, as President of Specialist Service Workmen's Benefit Fund, Metropolitan Area, Respondent

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

November 6, 1957


The interlocutory judgment appealed from is modified to dismiss the complaint against the defendant Workmen's Benefit Fund of the United States of America, and as so modified the judgment is unanimously affirmed. Any cause of action plaintiff may have is at law for breach of contract and not in equity for breach of trust. The fund in question was not a trust fund in which plaintiff had a beneficial interest.

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