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SASSO v. VACHRIS

66 N.Y.2d 28 (1985)

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

Court of Appeals of the State of New York.

Decided October 22, 1985.

Attorney(s) appearing for the Case

Steven R. Miller for appellants.

John J. Howard and George E. Reed, Jr., for Charles F. Vachris, respondent.

Robert Abrams, Attorney-General (Andrew Schulz, Robert Hermann, O. Peter Sherwood, Carlin Meyer and Jane Lauer Barker of counsel), in his statutory capacity under section 71 of the Executive Law, amicus curiae.

Chief Judge WACHTLER and Judges JASEN, MEYER, KAYE and ALEXANDER concur; Judge TITONE taking no part.

SIMONS, J.

The question presented is whether Business Corporation Law § 630, which provides an enforcement mechanism for employees to recover unpaid contributions to employee pension funds and welfare benefits directly from the 10 largest shareholders of a closely held corporation, is preempted by section 514 (a) of the Employee Retirement Income Security Act (ERISA...

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