Legal Opinion

Elmira Teachers' Ass'n v. Elmira City School District

Appellate Division of the Supreme Court of the State of New York

Decided July 3, 2008PublishedCited by 4 opinions

1Opinion of the CourtCardona, P.J.

Cross appeals from an order of the Supreme Court (Mulvey, J.), entered April 6, 2007 in Chemung County, which partially granted the motions of defendants in action Nos. 1 and 2 for summary judgment dismissing the complaints.

In February 2001, defendant Elmira City School District entered into a contract with Horizon Benefits Administration, Inc. to act as the third-party administrator of the District’s retirement savings plan offered to employees under section 403 (b) of the Internal Revenue Code (26 USC). Although participation in the plan was voluntary, employees who chose to participate…

2Cases cited6 opinions

  1. Banc of America Securities LLC v. Solow Building Co. II, L.L.C.Appellate Division of the Supreme Court of the State of New York · 2007
  2. Unisys Corp. v. Hercules Inc.Appellate Division of the Supreme Court of the State of New York · 1996
  3. Town of Wawarsing v. Camp, Dresser & McKee, Inc.Appellate Division of the Supreme Court of the State of New York · 2008
  4. State v. Capital Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1995
  5. Melino v. National Grange Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1995

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3Cited by4 opinions

  1. Meirowitz v. Bayport-Bluepoint Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 2008
  2. Fink v. GrobartAppellate Division of the Supreme Court of the State of New York · 2009
  3. Vectron International, Inc. v. Corning Oak Holding, Inc.Appellate Division of the Supreme Court of the State of New York · 2013
  4. Vectron International, Inc. v. Corning Oak Holding, Inc.Appellate Division of the Supreme Court of the State of New York · 2013

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