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RETAIL SHOE HEALTH v. REMINICK

62 N.Y.2d 173 (1984)

Retail Shoe Health Commission, Plaintiff, and Jack Maltz et al., as Trustees of Retail Shoe Health Commission, Appellants, v. Charles G. Reminick et al., Individually and Doing Business as Reminick, Aarons & Company, Defendants. Charles G. Reminick et al., Individually and Doing Business as Reminick, Aarons & Company, Third-Party Plaintiffs-Respondents, v. Jack Maltz et al., Third-Party Defendants-Appellants; Tolley International Corporation, Third-Party Defendant-Respondent, et al., Third-Party Defendants.

Court of Appeals of the State of New York.

Decided May 17, 1984.

Attorney(s) appearing for the Case

Arthur D. Felsenfeld and Martin I. Shelton for appellants.

Andrew R. Simmonds, Robert E. Meshel and William M. Ried for Charles G. Reminick and others, third-party plaintiffs-respondents.

Dorit S. Heimer and Peter N. Wang for Tolley International Corporation, third-party defendant-respondent.

Judges JASEN, MEYER and SIMONS concur with Judge JONES; Judge KAYE dissents and votes to affirm in a separate opinion in which Chief Judge COOKE and Judge WACHTLER concur.

JONES, J.

The pre-emptive provisions of ERISA govern the judicial determination of breach of fiduciary duty claims against the trustees of an employee welfare benefit plan within the embrace of that Act and preclude actions in State courts for the enforcement of such claims. Accordingly, where such a plan has brought an action in our State courts against its accountants and consultants for their alleged failure...

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