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  5. 32 A.D.2d 332 (1969)
 

STERN v. BREAKSTONE BROS.

32 A.D.2d 332 (1969)

Henry R. Stern, Jr., Superintendent of Insurance, as Liquidator of The Dairy Transportation Employee Pension Trust Fund, Respondent, v. Breakstone Bros., Inc., et al., Appellants. Joseph Trerotola, as Trustee of Dairy Transportation Drivers, Helpers and Terminal Employees, Local 770, Affiliated with International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Respondent, et al., Defendants

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

June 24, 1969.

Attorney(s) appearing for the Case

F. W. H. Adams of counsel (Satterlee, Warfield & Stephens of counsel; Robert H. Jones, III, attorney), for appellants.

Irvin Waldman of counsel (Isaac Goldstein, attorney), for Henry R. Stern, Jr., respondent.

Bruce H. Simon of counsel (Cohen & Weiss, attorneys), for Joseph Trerotola, respondent.

STEVENS, P. J., EAGER, McGIVERN and STEUER, JJ., concur in Per Curiam opinion; TILZER, J., dissents in opinion.

Per Curiam.

Plaintiff, Superintendent of Insurance, instituted this action against several companies who are signatories to the Dairy Transportation Employee Pension Trust Fund. While the action is designated as an accounting, what it actually seeks from the appellants is the payment of contributions claimed to be due. These defendants counterclaim for the amounts they have previously contributed. Defendants moved...

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