Barnett v. International Business MacHines Corp.
District Court, S.D. New York
1Opinion of the Court
OPINION & ORDER
KOELTL, District Judge:
This is an action arising from an alleged wrongful denial of long term disability benefits under an employee benefits plan subject to the requirements of the Employee Retirement Income Security Act of 1974 (“ERISA”). The defendant has moved for an order dismissing the complaint with prejudice, alleging failure to exhaust administrative remedies, failure to file suit within applicable statutes of limitations, and failure to name the plan as a defendant. For the reasons explained below, the three claims in the complaint are dismissed with prejudice.
I
For the…
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