Clark v. Bank of New York
District Court, S.D. New York
1Opinion of the Court
OPINION AND ORDER
MUKASEY, District Judge.
In this action for employee benefits, the parties have taken profligate advantage of the availability of pre-trial motions. Defendant The Bank of New York (hereinafter “defendant” or “the Bank”) has moved for summary judgment pursuant to Fed. R.Civ.P. 56(i) as to Count One on the ground that no material issue of fact remains in dispute, and (ii) as to Counts Two, Three, and Four on the ground that those state-law claims are preempted by the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. § 1001 et seq. Defendant also has moved…
2Cases cited36 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
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- United States v. Diebold, Inc.Supreme Court of the United States · 1962
- Firestone Tire & Rubber Co. v. BruchSupreme Court of the United States · 1989
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