DUFFY v. SCHENCK


42 A.D.2d 774 (1973)

James J. Duffy et al., as Trustees of The Local 138, 138a and 138b, International Union of Operating Engineers Industry Promotion Fund, Appellants, v. Benjamin R. Schenck, as Superintendent of Insurance of The State of New York, Respondent

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

July 30, 1973


Order-judgment affirmed, with $20 costs and disbursements.

On July 1, 1966, pursuant to the terms of a collective bargaining agreement, an agreement and declaration of trust was executed by the plaintiff International Union of Operating Engineers, Locals 138, 138A and 138B, of Nassau and Suffolk Counties (the union), and the Nassau and Suffolk Contractors Association, the Building Trades Employers Association and certain individual contractors (collectively the employers...

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