PESCA v. BD. OF TRUSTEES

No. 94 Civ. 3950 (LAK).

879 F.Supp. 23 (1995)

Carmine PESCA, Plaintiff, v. BOARD OF TRUSTEES, MASON TENDERS' DISTRICT COUNCIL PENSION FUND, Defendant.

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

March 16, 1995.


Attorney(s) appearing for the Case

Solomon M. Lowenbraun, for plaintiff.

Damien E. Mysak, Michael J. Vollbrecht, James Walsh, Mysak, Gorlick, Kravitz & Listhaus, P.C., for defendant.


MEMORANDUM OPINION AND ORDER

KAPLAN, District Judge.

This is an action pursuant to the Employee Retirement Income Security Act ("ERISA") and, more specifically, 29 U.S.C. § 1132. Plaintiff was a construction worker disabled as a result of an injury sustained on October 23, 1989. He claims that the defendant's denial of his application for union disability benefits was improper and seeks to recover the benefits...

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