Montner v. Interfaith Medical Center
Civil Court of the City of New York
1Opinion of the Court
OPINION OF THE COURT
Richard Rivera, J.
NATURE OF THE CASE
Defendants have moved to dismiss this breach of contract action in which plaintiff seeks to recover certain salary deductions that defendant Interfaith Medical Center (hereafter Interfaith) admittedly failed to deposit into a tax deferred annuity account (TDA) it maintained in plaintiff’s name under the terms of his employment contract. Defendants contend that the Employee Retirement Income Security Act of 1974 (ERISA) (29 USC § 1001 et seq.) both preempts State common law and confers exclusive jurisdiction over plaintiff’s claims in the…
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