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TUFINO v. NEW YORK HOTEL

223 A.D.2d 245 (1996)

646 N.Y.S.2d 799

Nitza Tufino, Appellant, v. New York Hotel and Motel Trades Council and Hotel Associations of the New York City AFL-CIO Local 6, Respondent and Third-Party Plaintiff-Respondent. John Coyne et al., Third-Party Defendants-Respondents

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

August 22, 1996

Attorney(s) appearing for the Case

Gerald J. Mondora for appellant.

Elisa T. Gilbert of counsel (Ronald J. Theleen on the brief; Mound, Cotton & Wollan, attorneys), for respondent and thirdparty plaintiff-respondent.

Martin B. Adams of counsel (Kopff, Nardelli & Dopf, attorneys), for John Coyne, third-party defendant-respondent.

Douglas B. Stebbins of counsel (McAloon & Friedman, P. C., attorneys), for Bendo, third-party defendant-respondent.

ROSENBERGER, ELLERIN and MAZZARELLI, JJ., concur.

SULLIVAN, J. P.

Decedent was a member of the New York Hotel and Motel Trades Council and Hotel Associations of the New York City AFL-CIO Local 6 (Union), which administers and operates an Employee Retirement Income Security Act of 1974 (29 USC 1001 et seq. [ERISA]) qualified, employer-funded comprehensive medical plan for its members. In September 1987, when she was 65 years of age, decedent underwent...

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