SASSO v. VACHRIS


106 A.D.2d 132 (1984)

Robert Sasso et al., as Trustees of Local 282 Welfare and Pension Trust Funds, Appellants-Respondents, v. Charles F. Vachris, Respondent-Appellant, and Anthony Vachris et al., Respondents

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

December 31, 1984


Attorney(s) appearing for the Case

Sunshine, Slott & Sunshine, P. C. (Steven R. Miller of counsel), for appellants-respondents.

Wikler Gottlieb Taylor & Howard (Richard H. Abelson of counsel), for respondent-appellant.

TITONE, J. P., RUBIN and BOYERS, JJ., concur.


EIBER, J.

The primary issue in the case at bar is whether section 630 of the Business Corporation Law is preempted by the Federal Employee Retirement Income Security Act of 1974 (US Code, tit 29, § 1001 et seq., hereinafter ERISA). We believe section 630, under which the 10 largest shareholders of certain corporations may be held jointly and severally liable for contributions the corporation should...

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