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STIVALA v. BOARD OF TRUSTEES OF THE NEW YORK DISTRICT COUNCIL OF CARPENTERS HEALTH AND WELFARE FUND

48 A.D.3d 669 (2008)

852 N.Y.S.2d 291

ROBERT STIVALA, Respondent-Appellant, v. BOARD OF TRUSTEES OF THE NEW YORK DISTRICT COUNCIL OF CARPENTERS HEALTH AND WELFARE FUND et al., Appellants-Respondents.

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

Decided February 19, 2008.

Ordered that the order is reversed insofar as cross-appealed from, on the law, and the plaintiff's motion for summary judgment on the complaint is granted; and it is further,

Ordered that the appeal is dismissed as academic in light of our determination on the cross appeal; and it is further,

Ordered that one bill of costs is awarded to the plaintiff.

In 2005 Robert Charles Enterprises, Inc. (hereinafter RCE), a construction company, failed to make...

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