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DELLACAVA v. PAINTERS PENSION FUND

No. 826, Docket 87-7978.

851 F.2d 22 (1988)

Ralph J. DELLACAVA, Plaintiff-Appellant, v. PAINTERS PENSION FUND OF WEST-CHESTER AND PUTNAM COUNTIES, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided June 10, 1988.

Attorney(s) appearing for the Case

Donald L. Sapir, White Plains, N.Y. (Silverman & Sapir, White Plains, N.Y., of counsel), for plaintiff-appellant.

Damien E. Mysak, New York City (Levin & Weissman, Roger M. Levin, New York City, of counsel), for defendant-appellee.

Before KAUFMAN, OAKES and NEWMAN, Circuit Judges.

OAKES, Circuit Judge:

Ralph Dellacava, a union painter for nearly fifty years, discovered on his retirement in 1984 that, according to the trustees of the union pension fund, he had sustained a break in service in 1969, reducing his pension benefit from $568 to $155 per month. The United States District Court for the Southern District of New York, Charles L. Brieant, Chief Judge, granted summary judgment against Dellacava, finding that he had not worked the requisite...

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