LABORERS LOCAL 1298 v. LYON & SONS


66 Misc.2d 1042 (1971)

Laborers Union Local 1298 of Nassau and Suffolk Counties Vacation Fund, Plaintiff, v. Frank L. Lyon & Sons, Inc., et al., Defendants.

Supreme Court, Special Term, Nassau County.

June 30, 1971


Attorney(s) appearing for the Case

Delson & Gordon for plaintiff. John B. Wynne for Chemical Bank, defendant. Joseph Jaspan, County Attorney, for Michael Seniuk, as Sheriff of Nassau County, defendant. Mullooley, Jeffrey & Rooney for Frank L. Lyon & Sons, Inc., and others, defendants. Robert H. Tucker for American Cable Vision Leasing Corp., defendant.


BERNARD S. MEYER, J.

This motion for summary judgment presents the question: what, if anything, is reached by service of a restraining notice or issuance of an execution against the interest of an individual laborer in a fund held not by his employer, but by a trust established as a result of collective bargaining? Plaintiff in this declaratory judgment action is the vacation fund upon whose officials have...

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