Piatko v. Bethlehem Steel Corp.

— Order unanimously affirmed without costs. Memorandum: Defendant contends that Special Term erred in denying its motion for summary judgment. It further asserts that plaintiff’s causes of action are preempted by the Employee Retirement Security Act of 1974. (ERISA; 29 USC § 1001 et seq.)

Plaintiff’s complaint alleges that he was a participant in an ERISA pension plan and made application for benefits under the plan which was denied by defendant. He characterizes his causes of actions as sounding in contract and tort. As plaintiff’s claims relate to an ERISA-regulated employee benefit plan,…