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SMITH v. STEWART

38 N.Y.2d 747 (1975)

Lester W. Smith, Respondent, v. Jack R. Stewart et al., as Trustees of the Pension Fund, Local 445 of the International Brotherhood of Teamsters, Appellants.

Court of Appeals of the State of New York.

Decided November 25, 1975.

Attorney(s) appearing for the Case

Edward Cherney, Sidney Gaines and David Kramer for appellants.

O'Neil Kelly for respondent.

Concur: Chief Judge BREITEL and Judges GABRIELLI, WACHTLER, and COOKE. Judge FUCHSBERG dissents and votes to reverse in an opinion in which Judges JASEN and JONES concur.

Order affirmed, with costs to abide the event, on the memorandum at the Appellate Division (45 A.D.2d 853). Question certified answered in the affirmative.

FUCHSBERG, J. (dissenting).

The plaintiff brought this action for a judgment declaring that he is eligible for pension benefits from the pension fund of Local 445 of the International Brotherhood of Teamsters. Defendants, trustees of the fund, moved for summary...

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