MOORE v. NEW YORK CONCRETE CORP.

No. 18 Civ. 2791 (PAE).

TERRENCE MOORE, et al., Plaintiffs, v. NEW YORK CONCRETE CORP., et al., Defendants.

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

January 24, 2019.

Editors Note
Applicable Law: 29 U.S.C. § 1001
Cause: 29 U.S.C. § 1001 E.R.I.S.A.: Employee Retirement
Nature of Suit: 791 Labor: E.R.I.S.A.
Source: PACER


Attorney(s) appearing for the Case

Terrence Moore, as Trustee of the Metal Lathers Local 46 Pension Fund, Metal Lathers Local 46 Trust Fund, Metal Lathers Local 46 Annuity Fund, Metal Lathers Local 46 Apprenticeship Fund, and Metal Lathers Local 46 Scholarship Fund, John Coffey, as Trustee of the Metal Lathers Local 46 Pension Fund, Metal Lathers Local 46 Trust Fund, Metal Lathers Local 46 Annuity Fund, Metal Lathers Local 46 Apprenticeship Fund, and Metal Lathers Local 46 Scholarship Fund, Michael Salgo, as Trustee of the Metal Lathers Local 46 Pension Fund, Metal Lathers Local 46 Trust Fund, Metal Lathers Local 46 Annuity Fund, Metal Lathers Local 46 Apprenticeship Fund, and Metal Lathers Local 46 Scholarship Fund, Michael Anderson, as Trustee of the Metal Lathers Local 46 Pension Fund, Metal Lathers Local 46 Trust Fund, Metal Lathers Local 46 Annuity Fund, Metal Lathers Local 46 Apprenticeship Fund, and Metal Lathers Local 46 Scholarship Fund, Kevin O'Brien, as Trustee of the Metal Lathers Local 46 Pension Fund, Metal Lathers Local 46 Trust Fund, Metal Lathers Local 46 Annuity Fund, Metal Lathers Local 46 Apprenticeship Fund, and Metal Lathers Local 46 Scholarship Fund, John Clausman, as Trustee of the Metal Lathers Local 46 Pension Fund, Metal Lathers Local 46 Trust Fund, Metal Lathers Local 46 Annuity Fund, Metal Lathers Local 46 Apprenticeship Fund, and Metal Lathers Local 46 Scholarship Fund, Angelo Angelone, as Trustee of the Cement & Concrete Workers Pension Trust Fund, Welfare Trust Fund, Annuity Trust Fund, Scholarship Trust Fund, Training and Education Trust Fund, Kieran O'Sullivan, as Trustee of the Cement & Concrete Workers Pension Trust Fund, Welfare Trust Fund, Annuity Trust Fund, Scholarship Trust Fund, Training and Education Trust Fund, John Peters, as Trustee of the Cement & Concrete Workers Pension Trust Fund, Welfare Trust Fund, Annuity Trust Fund, Scholarship Trust Fund, Training and Education Trust Fund, Michael Salgo, as Trustee of the Cement & Concrete Workers Pension Trust Fund, Welfare Trust Fund, Annuity Trust Fund, Scholarship Trust Fund, Training and Education Trust Fund, Kevin O'Brien, as Trustee of the Cement & Concrete Workers Pension Trust Fund, Welfare Trust Fund, Annuity Trust Fund, Scholarship Trust Fund, Training and Education Trust Fund, Eric Lee, as Trustee of the Cement & Concrete Workers Pension Trust Fund, Welfare Trust Fund, Annuity Trust Fund, Scholarship Trust Fund, Training and Education Trust Fund, Gino Castignoli, as Trustee of the Cement Masons' Local 780 Pension Fund, Northeast District Council Plasterers' & Cement Masons' Intl Assoc. Annuity Fund, Welfare Fund, Apprenticeship Fund, Michael Rendina, as Trustee of the Cement Masons' Local 780 Pension Fund, Northeast District Council Plasterers' & Cement Masons' Intl Assoc. Annuity Fund, Welfare Fund, Apprenticeship Fund, Robert Bertuzzi, as Trustee of the Cement Masons' Local 780 Pension Fund, Northeast District Council Plasterers' & Cement Masons' Intl Assoc. Annuity Fund, Welfare Fund, Apprenticeship Fund, Eddie Barbaria, as Trustee of the Cement Masons' Local 780 Pension Fund, Northeast District Council Plasterers' & Cement Masons' Intl Assoc. Annuity Fund, Welfare Fund, Apprenticeship Fund, Frank Martorano Jr, as Trustee of the Cement Masons' Local 780 Pension Fund, Northeast District Council Plasterers' & Cement Masons' Intl Assoc. Annuity Fund, Welfare Fund, Apprenticeship Fund, Joseph Mitrione, as Trustee of the Cement Masons' Local 780 Pension Fund, Northeast District Council Plasterers' & Cement Masons' Intl Assoc. Annuity Fund, Welfare Fund, Apprenticeship Fund, Michael Salgo, as Trustee of the Cement Masons' Local 780 Pension Fund, Northeast District Council Plasterers' & Cement Masons' Intl Assoc. Annuity Fund, Welfare Fund, Apprenticeship Fund & Kevin O'Brien, as Trustee of the Cement Masons' Local 780 Pension Fund, Northeast District Council Plasterers' & Cement Masons' Intl Assoc. Annuity Fund, Welfare Fund, Apprenticeship Fund, Plaintiffs, represented by Cristina Elvira Gallo , Kennedy, Jennik & Murray, P.C., Evan Hudson-Plush , Cohen, Weiss and Simon, Olivia Ruth Singer , Cohen, Weiss and Simon LLP, Thomas Martin Kennedy , Cohen, Weiss and Simon LLP & Susan Marie Jennik , Cohen, Weiss and Simon LLP.

New York Concrete Corporation, Defendant, represented by James Joseph Terry, Jr. , Zetlin & De Chiara LLP & James Herbert Rowland , Zetlin & De Chiara LLP.

John Russo & New Leaf Development LLC, Defendants, represented by Patrick Walter McGovern , Genova Burns LLC, Brett Michael Pugach , Genova Burns LLC & Harris Samuel Freier , Genova Burns LLC.

Donna Marie Russo, also known as DonnaMarie Russo, Defendant, represented by James Herbert Rowland , Zetlin & De Chiara LLP.


OPINION & ORDER

Plaintiffs, trustees of three multiemployer benefit funds, bring this action against defendants New York Concrete Corporation ("NYCC"), New Leaf Development, LLC ("New Leaf"), John Russo, and Donna Marie Russo (together with NYCC and New Leaf, "defendants")...

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