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HARDY v. ADAM ROSE RETIREMENT PLAN

No. 11-CV-4303 (CS).

957 F.Supp.2d 407 (2013)

Thomas HARDY, Plaintiff, v. ADAM ROSE RETIREMENT PLAN, and Adam Rose, Individually, as Plan Administrator, Defendants.

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

July 16, 2013.

Attorney(s) appearing for the Case

William D. Frumkin , Elizabeth E. Hunter , Frumkin & Hunter LLP, Howard Schragin , Sapir Schragin LLP, White Plains, NY, for Plaintiff.

Leonard I. Spielberg , Harold, Salant, Strassfield & Spielberg, White Plains, NY, for Defendants.

OPINION AND ORDER

SEIBEL, District Judge.

Before the Court are Defendants' Motion for Summary Judgment, (Doc. 19), and Plaintiffs Cross-Motion for Summary Judgment, (Doc. 27). For the following reasons, Defendants' Motion is GRANTED and Plaintiffs Motion is DENIED.

I. BACKGROUND

The facts relevant to the disposition of the instant Motions, which are essentially not in dispute, are set forth below.

Plaintiff...

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