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MILBERG v. NAGLER

17 Misc.2d 893 (1959)

Izzie Milberg, Appellant-Respondent, v. Isidore Nagler et al., as Holders of the Funds of the Retirement Fund of the Coat and Suit Industry in the New York Metropolitan Area, Defendants, and Isidore Nagler et al., as Holders of the Funds of the Retirement Fund of the Coat and Suit Industry in the New York Metropolitan Area, Respondents-Appellants.

Supreme Court, Appellate Term, Second Department.

February 3, 1959.

Attorney(s) appearing for the Case

Arnone & Zisholtz (Gerald Zisholtz of counsel), for appellant-respondent.

Schlesinger & Bloom (Max Bloom of counsel), for respondents-appellants.

Concur — PETTE, DI GIOVANNA and BROWN, JJ.

Per Curiam.

A trust was created by the provisions establishing the retirement fund, contained in the collective agreement dated June 28, 1943 upon which plaintiff relies. A consideration in determining whether a trust has been created is the intention of the parties (1 Scott, Trusts [2d ed.], § 12.2). In the instant case a reading of the provisions of the 1943 agreement, relating to establishment of the retirement...

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