Legal Opinion
Pesca v. Board of Trustees
District Court, S.D. New York
Decided November 3, 1997No. 97 Civ. 3541 LAKPublishedCited by 5 opinions
1Opinion of the Court
MEMORANDUM OPINION
KAPLAN, District Judge.
Plaintiff Carmine Pesca was a construction worker disabled as a result of an injury sustained on October 28, 1989. His claim for union disability benefits was denied in 1994 by the defendant (the “Fund”) on the ground that plaintiff did not meet the requirements for coverage. Mr. Pesca then sued the Fund under the Employee Retirement Income Security Act to recover the claimed benefits and other relief, but the Court granted the Fund’s motion for summary judgment dismissing the complaint.1 More than two years later, Pesca brought this action to set…
2Cases cited21 opinions
- Sarah B. Shields, Individually and as Representative of All Others Similarly Situated v. Citytrust Bancorp, Inc., George F. Taylor and Irwin EngelmanCourt of Appeals for the Second Circuit · 1994
- Samuel Nemaizer, General Manager of the New York Coat, Suit, Dress, Rainwear and Allied Workers' Union I.L.G.W.U. v. Jack Baker, an IndividualCourt of Appeals for the Second Circuit · 1986
- Paddington Partners v. Jean-Louis Bouchard, Herbert A. Denton, Econocom Finance Nv Econocom International N v. Jeffries & Company, Inc.Court of Appeals for the Second Circuit · 1994
- Burlington Coat Factory Warehouse Corporation v. Esprit De Corp. And Federated Department Stores, Inc.Court of Appeals for the Second Circuit · 1985
- Thomas A. Gleason v. John Jandrucko, Richard Spota, and Village of North TarrytownCourt of Appeals for the Second Circuit · 1988
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3Cited by5 opinions
- Questrom v. Federated Department Stores, Inc.District Court, District of Columbia · 2000
- Lans v. GATEWAY 2000, INC.District Court, District of Columbia · 2000
- Sea-Land Service, Inc. v. Citihope International, Inc.District Court, S.D. New York · 1997
- Tavoloni v. Mount Sinai Medical CenterDistrict Court, S.D. New York · 1997
- Federal Insurance v. Sheldon (In re Donald Sheldon & Co.)District Court, S.D. New York · 1998