Order modified, on the law and the facts, by striking therefrom the third decretal paragraph, and, directing that defendant's counterclaims be dismissed. As so modified, order affirmed insofar as appealed from, without costs.
In our opinion, defendant's claim that he was an employee-beneficiary of the fund at the time that the plan was terminated and was, therefore, entitled to the moneys at issue, raises questions of fact to be resolved at trial. Defendant's counterclaims...
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