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NAT. BANK v. ELEC. WORKERS

69 A.D.2d 679 (1979)

National Bank of North America, Respondent, v. International Brotherhood of Electrical Workers Local No. 3, Pension and Vacation Funds, Respondent, and Joint Industry Board of the Electrical Industry, Appellant

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

August 6, 1979

Attorney(s) appearing for the Case

Cole & Deitz (Andrea Catania, Edward N. Meyer and Joseph Di Benedetto of counsel), for National Bank of North America, respondent.

Donald F. Menagh (Norman Rothfeld of counsel), for appellant.

MOLLEN, P. J., SUOZZI and MARTUSCELLO, JJ., concur in Per Curiam opinion; RABIN, J., dissents and votes to reverse the judgment and dismiss the proceeding, with an opinion.

Per Curiam.

The basic issue on appeal is whether the vested benefits payable to a judgment debtor from an employee pension fund governed by the Federal Employment Retirement Income Security Act of 1974 (ERISA) (US Code, tit 29, § 1001 et seq.) are exempt from the New York statutory procedures governing enforcement of money judgments (see, generally, CPLR art 52). We believe that the statutory rights of...

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