Kaminsky v. Connolly

The Civil Court, which has no general equity jurisdiction except as specifically provided by statute, does not have jurisdiction of the subject matter of an action against the trustees of a pension fund to recover pension benefits, requiring in the first instance a declaration that plaintiff is a beneficiary of the trust and enforcing his rights as a beneficiary thereof, relief of an equitable nature which can be had only in a court possessing equitable jurisdiction (Milberg v. Nagler, 17 Misc 2d 893 [App. Term, 2d Dept.], mot. for lv. to app. den. 7 A D 2d 1010; Hoffman v. Nagler, 206 Misc.…