Legal Opinion
Pasternack v. Diamond
Appellate Division of the Supreme Court of the State of New York
Decided April 16, 1957PublishedCited by 5 opinions
1Per curiam
In this equity action to compel the defendants, trustees of a pension fund, to make retirement payments to the plaintiff and for a money judgment for accrued payments, judgment was entered for the plaintiff after trial.
The complaint, in essence, alleges a breach of contract; to wit, a trust agreement providing for retirement benefits for superannuated members of a labor union. The board of trustees found that the plaintiff had failed to qualify as eligible for retirement benefits because he had withdrawn from the industry and had not been continuously employed for the minimum period of 15…
2Cases cited3 opinions
- Matter of WilkinsNew York Court of Appeals · 1902
- Duffy Bros. v. Bing & Bing, Inc.Appellate Division of the Supreme Court of the State of New York · 1926
- Doobin v. KellyAppellate Terms of the Supreme Court of New York · 1948
3Cited by5 opinions
- Norton Sarnoff and Carl Fletcher, and v. American Home Products Corporation, Defendant-Appellant-AppelleeCourt of Appeals for the Seventh Circuit · 1986
- Henry A. Gehrhardt v. General Motors CorporationCourt of Appeals for the Second Circuit · 1978
- Barish v. United Mine Workers of America Health & Retirement FundDistrict Court, W.D. Pennsylvania · 1990
- Gehrhardt v. General Motors Corp.District Court, S.D. New York · 1977
- Mitzner v. JarchoNew York Court of Appeals · 1978