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FAETH v. ACA ENVTL. SEVKOS

172 Misc.2d 453 (1997)

659 N.Y.S.2d 683

John Faeth et al., as Trustees of the Health Benefit Fund IBEW Local Union No. 3, White Plains, et al., Plaintiffs, v. ACA Environmental Sevkos, Inc., et al., Defendants.

Supreme Court, Westchester County.

January 8, 1997

Attorney(s) appearing for the Case

Peckar & Abramson, P. C., New York City (Gerard J. Onorata of counsel), for United Pacific Insurance Company, defendant. Hahn & Hessen, New York City, for FGH Realty Credit Corp., defendant. Richard & O'Neil, L. L. P., New York City, for Unibank A/S (New York Branch), defendant. Meyer, Suozzi, English & Klein, P. C., Mineola (Jules Levine of counsel), for plaintiffs.

MATTHEW F. COPPOLA, J.

The primary issue presented on this motion is whether the plaintiffs' union's New York Lien Law claim is preempted by the Employee Retirement Income Security Act of 1974 ([ERISA] 88 US Stat 829). Because this court finds that ERISA does preempt the Lien Law claim, the issue of whether a fund still exists to which any such lien might attach is moot. If the issue were not moot, this court...

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