DEVITO v. HEMPSTEAD CHINA SHOP, INC.

No. CV 91-5077 (ADS).

804 F.Supp. 481 (1992)

Gina DEVITO, Charles Castelli, Ralph Vampini, and Ruth Gordon, as Trustees of Local 1245 General Benefits Funds, Plaintiffs, v. HEMPSTEAD CHINA SHOP, INC., Defendant.

United States District Court, E.D. New York.

October 22, 1992.


Attorney(s) appearing for the Case

Vladeck, Waldman, Elias & Engelhard, P.C., New York City, for plaintiffs; Patricia McConnell, Joyce Tichy, of counsel.

Rains & Pogrebin, P.C., Mineola, N.Y., for defendant; Mark N. Reinharz, of counsel.


MEMORANDUM DECISION AND ORDER

SPATT, District Judge.

This ERISA case raises what appears to be a novel issue in this Circuit, namely, whether a participating employer in a multiemployer employee benefit fund is obligated to continue making contributions when the Trustees reduce benefit levels as the result of the abrupt and catastrophic departure of the major employer from the Fund.

In the instant case, the plaintiff Trustees move for summary judgment...

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