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LEWART v. WOODHULL CARE CENTER ASSOCIATES

No. 82 Civ. 1019 (WCC).

549 F.Supp. 879 (1982)

Mortimer A. LEWART, as Executive Director of the National Benefit and Pension Funds for Hospital and Health Care Employees and Nathaniel Hackney, as Director of the Hospital League/District 1199 Training and Upgrading Funds, Plaintiffs, v. WOODHULL CARE CENTER ASSOCIATES and Albert Schwartzberg, Sidney Esikoff and Eugene Katz, individually and d/b/a Woodhull Care Center Associates, Defendants and Third-Party Plaintiffs, v. David AXELROD, M.D., as Commissioner of the New York State Department of Health; Mark Lawton, as Budget Director of the State of New York; and District 1199, National Union of Hospital and Health Care Employees, RWDSU, AFL-CIO, Third-Party Defendants.

United States District Court, S.D. New York.

October 27, 1982.

Attorney(s) appearing for the Case

Sipser, Weinstock, Harper, Dorn & Leibowitz, New York City, for plaintiffs; Donald E. Klein, New York City, of counsel.

Fink, Weinberger, Fredman, Berman & Lowell, P.C., New York City for defendants and third-party plaintiffs; Irwin R. Karassik, New York City, of counsel.

Sipser, Weinstock, Harper, Dorn & Leibowitz, New York City, for third-party defendants; Mary Jill Hanson, New York City, of counsel.

OPINION AND ORDER

CONNER, District Judge:

On February 18, 1982, plaintiffs Mortimer A. Lewart, as executive director of the National Benefit and Pension Funds for Hospital and Health Care Employees, and Nathaniel Hackney, as director of the Hospital League/District 1199 Training and Upgrading Funds (the "Funds") instituted this action against defendants Woodhull Care Center Associates and Albert Schwartzberg, Sidney Esikoff and Eugene Katz, individually...

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