RUBIN, INC. v. SCHWARTZ


160 A.D.2d 53 (1990)

Donald Rubin, Inc., et al., Appellants, v. Robert Schwartz et al., Respondents

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

July 19, 1990


Attorney(s) appearing for the Case

John Haley of counsel (Bickford, Hahn & Hayes, attorneys), for appellants.

Jerome Tauber of counsel (Sipser, Weinstock, Harper & Dorn, attorneys), for respondents.

MILONAS, J. P., ROSENBERGER and ELLERIN, JJ., concur.


SMITH, J.

The issue here is whether an agreement retaining plaintiffs to administer defendants' employee benefits plan, which contains a provision for automatic renewal of the agreement, violates section 5-903 of the General Obligations Law or sections 406 and 408 of the Employee Retirement Income Security Act of 1974 (ERISA) (29 USC §§ 1106, 1108).

Defendant Committee of Interns and Residents...

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