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PIATKO v. BETHLEHEM STEEL CORP.

149 A.D.2d 910 (1989)

John W. Piatko, Respondent, v. Bethlehem Steel Corporation et al., Appellants. (Appeal No. 1.)

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

April 14, 1989

Judgment unanimously affirmed with costs, in accordance with the following memorandum:

We agree with the trial court's determination that the plan administrator acted arbitrarily and capriciously in denying plaintiff's rule-of-65 pension benefits claim because defendant failed to advise plaintiff of his rights and obligations under the pension plan. We note, however, that pursuant to the Supreme Court's recent holding in...

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