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RUT v. YOUNG ADULT INSTITUTE, INC.

2009-01397.

74 A.D.3d 776 (2010)

901 N.Y.S.2d 715

KATHLEEN RUT, Appellant, v. YOUNG ADULT INSTITUTE, INC., et al., Respondents.

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

Decided June 1, 2010.

Ordered that the order is affirmed, with costs.

The plaintiff's husband, an employee of the defendant Young Adult Institute, Inc. (hereinafter YAI), for more than 25 years, died in 2006 while still employed by YAI. At that time, the plaintiff became the successor beneficiary of her husband's retirement and employee benefit plans. One of those plans, the Supplemental Pension Plan and Trust for Certain Management Employees of YAI (hereinafter the Plan) provided a monthly...

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