Pension Benefit Guaranty Corp. v. West Side Bakery, Inc.

OPINION

WHITMAN KNAPP, Senior District Judge.

By Memorandum and Order on July 25, 1990, we granted partial summary judgment for plaintiff Pension Benefit Guaranty Corp. (PBGC) on its claim for due and unpaid contributions against defendant West Side Bakery, but denied summary judgment with respect to the claim for employer liability against both defendants. See Pension Benefit Guaranty Corp. v. West Side Bakery, (S.D.N.Y.1990) 742 F.Supp. 1251. This denial was based on our ruling that a question of fact existed as to whether or not plaintiff had properly complied with 29 U.S.C. § 1362(c). We…