Triple E Produce Corp. v. Mastronardi Produce, Ltd.

Holbrook, Jr., J.

Defendant appeals as of right from a judgment entered for plaintiffs, awarding them $40,000 in damages as indemnification for "withdrawal liability” assessed against them by a multiemployer pension fund pursuant to the Employee Retirement Income Security Act of 1974 (erisa), 29 USC 1001 et seq., as amended by the Multiemployer Pension Plan Amendments Act of 1980 (mppaa), 29 USC 1381 et seq. The "withdrawal liability” had been assessed against plaintiffs after they closed the business they had purchased from defendant and withdrew from the fund. Defendant also appeals from a…