Order unanimously modified on the law and as modified affirmed with costs to plaintiffs, in accordance with the following memorandum: Plaintiffs seek, in part, civil penalties and attorney's fees for alleged violations of the Employee Retirement Income Security Act of 1974 (29 USC § 1001 et seq. [ERISA]). Such claims lie within the exclusive jurisdiction of the Federal courts (29 USC § 1132 [e]; Retail Shoe Health Commn. v Reminick,
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BREESE v. MORRIS DISTRIB. CO., INC.
144 A.D.2d 962 (1988)
James R. Breese et al., Respondents, v. Morris Distributing Co., Inc., et al., Appellants, and Merchants National Bank and Trust Co. of Syracuse, Respondent
Appellate Division of the Supreme Court of the State of New York, Fourth Department.https://leagle.com/images/logo.png
November 15, 1988
November 15, 1988
Appellate Division of the Supreme Court of the State of New York, Fourth Department.
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