Almeida v. Plasters' & Cement Masons' Local 40 Pension Fund

OPINION

This appeal challenges a Superior Court decision to enter a judgment dismissing a complaint without prejudice to the plaintiffs later refiling of the action, after he has exhausted whatever administrative remedies he may have. The defendant, Plasterers’ and Cement Masons’ Local 40 (union) Pension Fund (fund), appeals from a summary judgment dismissing the complaint of the plaintiff, Jose Almeida (Almeida), without preju dice. 1 The motion justice granted the fund’s summary-judgment motion because Almeida failed to exhaust his administrative remedies before filing this lawsuit. After…