Legal Opinion
Benetech, Inc. v. Omni Financial Group, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided April 10, 2014Published
1Opinion of the CourtEgan Jr., J.
Appeal from an order of the Supreme Court (Mc-Grath, J.), entered July 6, 2012 in Rensselaer County, which granted defendant’s motion to dismiss the complaint.
Plaintiff and defendant are competitors engaged in the business of providing administration services for tax-deferred retirement plans governed by Internal Revenue Code (26 USC) § 403 (b) and available to, among others, public school employees. Specifically, plaintiff and defendant act as third-party intermediaries between the school districts, as the sponsors of the plans, and the financial firms (or service providers) that offer the…
2Cases cited10 opinions
- Oswego Laborers' Local 214 Pension Fund v. Marine Midland Bank, N. A.New York Court of Appeals · 1995
- Gaidon v. Guardian Life Insurance Co. of AmericaNew York Court of Appeals · 1999
- Cruz v. NYNEX Information ResourcesAppellate Division of the Supreme Court of the State of New York · 2000
- Sands v. Ticketmaster-New York, Inc.Appellate Division of the Supreme Court of the State of New York · 1994
- Elacqua v. Physicians' Reciprocal InsurersAppellate Division of the Supreme Court of the State of New York · 2008
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