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N.Y. STATE NURSES ASS'N BENEFITS v. NYACK HOSPITAL

Docket Nos. 20-378, 20-425 August Term, 2020.

46 F.4th 97 (2022)

NEW YORK STATE NURSES ASSOCIATION BENEFITS FUND, THROUGH the Chairperson of the Board of Trustees, Dennis BUCHANAN, and the Secretary of the Board of Trustees, Nancy Kaleda, Plaintiff-Appellant-Cross-Appellee, v. The NYACK HOSPITAL, Defendant-Appellee-Cross-Appellant.

United States Court of Appeals, Second Circuit.

Decided: August 19, 2022.

Attorney(s) appearing for the Case

Jay P. Warren ( Kyle P. Flaherty , on the brief), Bryan Cave Leighton Paisner LLP, New York, NY, for New York State Nurses Association Benefits Fund.

John Houston Pope ( James S. Frank , on the brief) Epstein Becker & Green, New York, NY, for the Nyack Hospital.

Judge Carney dissents in part in a separate opinion.

New York State Nurses Association Benefits Fund (the "Fund" or the "Plan") appeals from an order of the district court (Briccetti, J.), granting in part and denying in part its motion for summary judgment and determining the scope of the payroll records of Nyack Hospital ("Nyack" or the "Hospital") to which the Fund...

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