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KAMINSKY v. CONNOLLY

51 A.D.2d 218 (1976)

Harry Kaminsky, Respondent, v. Frank J. Connolly, as Secretary and Treasurer of Highway & Local Motor Freight Drivers, Dockman & Helpers Local 707, Appellant, et al., Defendant

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

February 26, 1976

Attorney(s) appearing for the Case

Stanley M. Berman of counsel (Cohen, Weiss & Simon, attorneys), for appellant.

Joseph M. Schwartz respondent.

MURPHY, J.P., LUPIANO and NUNEZ, JJ., concur with CAPOZZOLI, J.; SILVERMAN, J., concurs in an opinion.

CAPOZZOLI, J.

This action is brought to recover a pension from the pension fund jointly established and administered by representatives of a labor union and representatives of employers pursuant to the Taft-Hartley Act. The complaint sought judgment that defendant Road Carriers Local 707 Pension Fund be impressed with a trust for the monthly pension payment of $125 per month from August, 1961 for the duration...

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