Smith v. Stewart

In an action, inter alia, for a judgment declaring that plaintiff is eligible for pension benefits from the Pension Fund of Local 445 of the International Brotherhood of Teamsters, defendants (the individual trustees of the pension fund) appeal from so much of an order of the Supreme Court, Westchester County, entered May 17, 1973, as denied their motion for summary judgment. Order affirmed, insofar as appealed from, with $20 costs and disbursements. The defendant board of trustees denied plaintiff credit for past service upon the ground that he, while a self-employed owner-operator in the…