WALKER v. SPERRY & HUTCHINSON


144 Misc.2d 308 (1989)

John Walker, Plaintiff, v. Sperry & Hutchinson Co., Inc., Defendant.

Supreme Court, New York County.

August 1, 1989


Attorney(s) appearing for the Case

McCormick Dunne & Foley (John B. Foley of counsel), for plaintiff. Miller, Harten & Harten (Milton H. Miller of counsel), for defendant.


DAVID B. SAXE, J.

Raised here is an issue which appears to have sharply divided both Federal and State courts, namely, whether a plaintiff seeking to recover insurance benefits under the Employees Retirement Income Security Act of 1974 (29 USC § 1001 et seq.) (ERISA) is entitled to a jury trial.

The plaintiff, Mr. Walker, was an employee of defendant Sperry & Hutchinson Co., Inc. (Sperry) for a period in excess of 20 years when...

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