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BLATT v. MARSHALL AND LASSMAN

No. 176, Docket 86-7421.

812 F.2d 810 (1987)

Abbey E. BLATT, Plaintiff-Appellant, v. MARSHALL AND LASSMAN (formerly known as Marshall, Lassman and Company), a partnership, Louis V. Marshall and Joseph I. Lassman, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided February 27, 1987.

Attorney(s) appearing for the Case

Kenneth L. Robinson, Mitchel Field, N.Y. (Levine & Robinson, P.C., Carl S. Levine and Timothy Mulcahy, Mitchel Field, N.Y., of counsel), for plaintiff-appellant.

Robert M. Milner, New York City (Javits, Robinson, Brog, Leinwand & Reich, P.C., of counsel), for defendants-appellees.

Before TIMBERS, PRATT and ALTIMARI, Circuit Judges.

ALTIMARI, Circuit Judge:

Abbey E. Blatt appeals from an order of the United States District Court for the Eastern District of New York granting summary judgment for defendants on the ground that they could not be considered fiduciaries under Section 3(21)(A) of the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. § 1002(21)(A). We reverse and remand for the entry of summary judgment in favor of appellant.

BACKGROUND

Abbey...

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