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LOWERY v. SPECTOR

77 A.D.2d 813 (1980)

Thomas J. Lowery, Jr., et al., Doing Business as Lowery & Mancuso, Respondents, v. William H. Spector et al., Respondents, and Joseph Spector, as Trustee of Spector Employees Profit Sharing Trust, Appellant

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

July 10, 1980

Order unanimously affirmed, with costs.

Memorandum:

Appellant is the trustee of the Spector Employees Profit Sharing Trust, a fund established by Solomon Spector in 1955 but amended and restated in 1976 to conform to the provisions of the Federal Employees Retirement Income Security Act (ERISA). It is a qualified retirement plan under the Internal Revenue Code. Since Solomon's death in 1978, the plan is subject to termination with distribution by lump-sum...

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