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TATE v. WALKER MEM'L BAPTIST CHURCH


282 A.D. 675 (1953)

James W. Tate, Respondent, v. Walker Memorial Baptist Church et al., Defendants, and Vincent Bowen et al., Appellants

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

June 19, 1953.


Orders unanimously affirmed, with $20 costs and disbursements to the respondent.

Under the ruling of the Court of Appeals with regard to this particular church (Walker Memorial Baptist Church v. Saunders, 285 N.Y. 462) the proper procedure for the removal of a minister is by action of the corporate body and not by the trustees alone. Plaintiff is willing and of course must abide by the action of the congregation. To avoid the difficulties now being experienced...

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    BRICKLAYERS INSURANCE AND | No. 12-CV-2314 (JG)(RLM). | 20150825a10 | Leagle.com
     

    BRICKLAYERS INSURANCE AND WELFARE FUND v. LaSALA

    No. 12-CV-2314 (JG)(RLM).

    BRICKLAYERS INSURANCE AND WELFARE FUND, BRICKLAYERS PENSION FUND, BRICKLAYERS SUPPLEMENTAL ANNUITY FUND, BRICKLAYERS AND TROWEL TRADES INTERNATIONAL PENSION FUND, NEW YORK CITY AND LONG ISLAND JOINT APPRENTICESHIP AND TRAINING FUND, INTERNATIONAL MASONRY INSTITUTE and JEREMIAH SULLIVAN, JR., in his fiduciary capacity as Administrator, and BRICKLAYERS LOCAL 1, INTERNATIONAL UNION OF BRICKLAYERS AND ALLIED CRAFT WORKERS, Plaintiffs, v. KENNETH LaSALA, MARK LaSALA, KENNETH LaSALA, JR., LIBERTY MUTUAL INSURANCE COMPANY, and PLAZA CONSTRUCTION COMPANY, Defendants.

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

    August 24, 2015.


    Attorney(s) appearing for the Case

    DOAR RIECK KALEY & MACK, James I. Wasserman, Esq. , John F. Kaley, Esq. , New York, NY, Attorneys for Plaintiffs.

    BALLON STOLL BADER & NADLER, P.C., Lawrence J. Leibowitz, Esq. , New York, NY, Attorneys for the LaSala Defendants.

    LEVY, TOLMAN & COSTELLO, LLP, Robert J. Costello, Esq. , Steven I. Tolman, Esq. , Alan Levy, Esq. , New York, NY, Attorneys for Defendant and Cross-Claim Plaintiff Plaza Construction LLC, successor by merger to Plaza Construction Corp.


    FINDINGS OF FACT AND CONCLUSIONS OF LAW

    Plaintiffs Bricklayers Local 1, International Union of Bricklayers & Allied Craftworkers ("Local 1"), along with several employee-benefit funds, claim that the principals of two subcontracting firms breached their fiduciary duty under the Employee Retirement Income...

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