Legal Opinion

Bologna v. NMU Pension Trust of NMU Pension & Welfare Plan

District Court, S.D. New York

Decided February 27, 1987No. 86 Civ. 0800PublishedCited by 5 opinions

1Opinion of the Court

OPINION

GRIESA, District Judge.

This is an action under the Employee Retirement Income Security Act (“ERISA”), 29 U.S.C. § 1001, et seq., by plaintiff Fernando Bologna against defendants NMU Pension & Welfare Plan and the Board of Trustees of the Plan. Plaintiff sues to obtain a higher pension than that awarded to him.

Arguing that the causes of action set forth in the complaint are time-barred, defendants have moved for summary judgment dismissing the complaint. The motion is denied.

There are fourteen causes of action. Ten are for breach of contract, and the other four are for breach of…

2Cases cited5 opinions

  1. Board of Regents of Univ. of State of NY v. TomanioSupreme Court of the United States · 1980
  2. Harold Miles v. The New York State Teamsters Conference Pension And Retirement Fund Employee Pension Benefit PlanCourt of Appeals for the Second Circuit · 1983
  3. Schlansky v. United Merchants & Manufacturers, Inc.District Court, S.D. New York · 1977
  4. Scheirer v. NMU Pension and Welfare PlanDistrict Court, S.D. New York · 1984
  5. Stanley R. Benjamin, Inc. v. Fidelity & Casualty Co.New York Supreme Court · 1972

3Cited by5 opinions

  1. Chase v. Columbia National Corp.District Court, S.D. New York · 1993
  2. Lugo v. AIG Life InsuranceDistrict Court, S.D. New York · 1994
  3. Allen v. Unionmutual Stock Life Insurance Co. of AmericaDistrict Court, S.D. Ohio · 1997
  4. Davis v. NMU Pension & Welfare PlanDistrict Court, S.D. New York · 1992
  5. Spear v. Town of West HartfordDistrict Court, D. Connecticut · 1992

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