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DURAKOVIC v. BUILDING SERVICE 32 BJ PENSION FUND

Docket No. 09-3651-cv.

609 F.3d 133 (2010)

Bejaze DURAKOVIC, Plaintiff-Appellant, v. BUILDING SERVICE 32 BJ PENSION FUND, Building Service 32BJ Health Fund, Building Service 32BJ Benefits Fund, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: June 24, 2010.

Attorney(s) appearing for the Case

Ira H. Zuckerman (Max D. Leifer, of counsel), New York, NY, for Plaintiff-Appellant.

Ira A. Sturm, Raab, Sturm & Ganchrow, LLP, New York, NY, for Defendants-Appellees.*

Before JACOBS, Chief Judge, WINTER and WALKER, Circuit Judges.

DENNIS JACOBS, Chief Judge:

Plaintiff, Bejaze Durakovic, appeals from an August 4, 2009 judgment of the United States District Court for the Eastern District of New York (Block, J.), dismissing her ERISA challenge to a union disability-benefits denial. Durakovic, an office cleaner, suffered chronic pain and weakness in the years following a 1999 automobile accident, and applied for disability benefits from the relevant union funds. When her claim was denied, she filed...

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