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RIVERA v. PIONEER FUTURES, INC.

41 A.D.3d 255 (2007)

838 N.Y.S.2d 535

DENNIS P. RIVERA, Appellant, v. PIONEER FUTURES, INC., as a Plan Affording Long-Term Disability Benefits, et al., Respondents.

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

Decided June 19, 2007.

Plaintiff, although self-employed, is nonetheless a "person designated ... by the terms of an employee benefit plan, who is or may become entitled to a benefit thereunder" (29 USC § 1002 [8]; see Raymond B. Yates, M.D., P.C. Profit Sharing Plan v Hendon, 541 U.S. 1 [2004]; Ruttenberg v United States Life Ins. Co. in City of N.Y., 413 F.3d 652 [7th Cir 2005]), and thus has standing to sue...

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