BRICKLAYERS AND ALLIED CRAFTWORKERS LOCAL 2 v. C.G. YANTCH, INC.

No. 00-CV-073.

316 F.Supp.2d 130 (2003)

BRICKLAYERS AND ALLIED CRAFTWORKERS LOCAL 2, Albany, New York, AFL-CIO, by Albert Catalano, as President; Bricklayers and Allied Craftworkers Local 2, Albany, New York Pension and Annuity Funds, by its Trustees Albert B. Catalano, Luke Renna, Timothy O'Donnell, Raymond DeThorne, Donald Cote, Stephen O'Sick, J.D. Gilbert, James G. Bradt, Victor Mion, Jr., Thomas Murray, and Earl Hall; Bricklayers and Allied Craftworkers Local 2, Albany, New York Health Benefit Fund, by its Trustees Albert B. Catalano, Luke Renna, Timothy O'Donnell, Raymond DeThorne, Joseph Satalino, Stephen O'Sick, J.D. Gilbert, James G. Bradt, Victor Mion, Jr., Thomas Murray, and Earl Hall; Bricklayers and Allied Craftworkers Local 2, Albany, New York Education & Training Fund, by its Trustees Albert B. Catalano, Luke Renna, Timothy O'Donnell, Peter Coons, Michael Supreant, John Buck, James Bradt, Thomas Murray, J.D. Gilbert, Kevin Augustini, Thomas Marinello, and Vic Mion; and Bricklayers & Trowel Trades International Pension Fund, by its Trustees John Flynn, John T. Joyce, Louis Weir, Gerry O'Malley, James Boland, George Harbison, Dominic Spano, James Songer, Charles Velardo, Eugene George, John Wallner, Walter Kardy, Dan Schiffer, and Joseph Speranza, Jr., Plaintiffs, v. C.G. YANTCH, INC.; Christopher Yantch, individually; and Yantch Plaster & Stucco Systems, LLC, Defendants.

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

December 3, 2003.


Attorney(s) appearing for the Case

Blitman & King LLP (Charles Blitman, Esq., Jennifer A. Clark, Esq., Nathaniel G. Lambright, Esq., of Counsel), Syracuse, NY, for Plaintiffs.

Law Offices of Joseph Camardo (Joseph Camardo, Esq., Brian J. Smith, Esq., of Counsel), Auburn, NY, for Defendants.


MEMORANDUM-DECISION and ORDER

HURD, District Judge.

I. INTRODUCTION

On March 7, 2003, plaintiffs Bricklayers and Allied Craftworkers Local 2, Albany, New York, AFL-CIO ("Union") and various funds into which employers that are party to certain collective bargaining agreements must pay ("funds")1 (collectively "plaintiffs"), filed a second amended complaint against defendants C.G. Yantch, Inc. ("C.G.Yantch"), Christopher...

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