Trustees of the National Elevator Industry Pension v. Lutyk

FINDINGS OF FACT AND CONCLUSIONS OF LAW

KATZ, Senior District Judge.

This issue in this case is whether Andrew Lutyk, the sole director and shareholder of American Elevator Company, is personally liable for the corporation’s unpaid contributions to employee benefits funds established under the Employee Retirement Income Security Act (ERISA), 29 U.S.C. § 1001 et seq. As set forth in the court’s memorandum and order of April 13, 2001 addressing the parties’ cross mo tions for summary judgment, in order for plaintiff to recover, it must prove one of two things: either 1) that under the terms of…