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TRUSTEES OF THE PLUMBERS LOCAL UNION NO. 1 ADDITIONAL SECURITY BENEFIT FUND v. CITY OF NEW YORK

2575, 103822/08

73 A.D.3d 530 (2010)

900 N.Y.S.2d 312

TRUSTEES OF THE PLUMBERS LOCAL UNION NO. 1 ADDITIONAL SECURITY BENEFIT FUND, Respondents, v. CITY OF NEW YORK, Appellant.

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

Decided May 13, 2010.

The sole cause of action in the complaint alleges that defendant is contractually liable for interest and liquidated damages for failing to make timely contributions to plaintiffs' trust fund. The agreement between the City and the nonparty union provided that the trust fund, to which the City was required to make pro rata contributions for its covered employees, was to be managed by plaintiffs under the terms of a trust agreement. Plaintiffs allege that the trust agreement...

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