Devito v. Hempstead China Shop, Inc.

MEMORANDUM DECISION AND ORDER

SPATT, District Judge.

This ERISA case raises what appears to be a novel issue in this Circuit, namely, whether a participating employer in'a mul-tiemployer employee benefit fund is obligated to continue making contributions when the Trustees reduce benefit levels as the result of the abrupt and catastrophic departure of the major employer from the Fund.

In the instant case, the plaintiff Trustees move for summary judgment, pursuant to Fed.R.Civ.P. 56, granting them mandatory relief under 29 U.S.C. § 1132(g)(2), based upon a claim that the defendant employer,…