Legal Opinion

Pray v. Cement & Concrete Workers, District Council Welfare Fund

New York Supreme Court

Decided January 5, 1971PublishedCited by 2 opinions

1Opinion of the CourtArnold G-. Fraiman, J.

This motion by plaintiff for summary judgment pursuant to CPLR 3212 is granted. Plaintiff, the son of a deceased union member, seeks interest on the $2,500 death benefits to which he became entitled from the *531union’s welfare fund when his father died. Such interest is sought for the period between the date on which he perfected his claim and the date on which the benefits were paid. The facts are not in dispute. The deceased died on June 6, 1961 and shortly afterwards plaintiff applied for the death benefits from the defendant union. Payment was refused on the ground that another claimant also…

2Cases cited2 opinions

  1. Flack v. Prudential InsuranceNew York Supreme Court · 1964
  2. Wallace v. Metropolitan Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1949

3Cited by2 opinions

  1. Takayama v. SchaeferAppellate Division of the Supreme Court of the State of New York · 1998
  2. Merrimack Mutual Fire Insurance v. MooreAppellate Division of the Supreme Court of the State of New York · 1982

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