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ZINK v. HEISER

109 Misc.2d 354 (1981)

Joseph Zink, Plaintiff, v. William Heiser et al., Individually and as Trustees of a Certain Pension & Profit Sharing Plan of Cross, Austin & Ireland Lumber Company, Inc., Defendants.

Supreme Court, Trial Term, Queens County.

April 16, 1981

Attorney(s) appearing for the Case

Robert C. Carlsen for plaintiff. John C. Schnaufer for William Heiser, defendant. Austin & Dupont for Edward Goetze, defendant. Robert O'Keefe, defendant pro se.

HAROLD HYMAN, J.

This is an action brought by the plaintiff to recover moneys allegedly due to him based upon an employer's separate pension plan and profit-sharing plan made by it for the benefit of its employees (hereinafter participants). Both plans were noncontributing as to such participants.

The nature of the single action is that there are specific moneys due to the plaintiff on both plans; but, that, resulting

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