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FORTUNE v. MEDICAL ASSOCIATES OF WOODHULL, P.C.

No. 91-CV-3888 (SJ).

803 F.Supp. 636 (1992)

William FORTUNE, individually and as Executor of the Estate of Paul Paroski, Plaintiff, v. MEDICAL ASSOCIATES OF WOODHULL, P.C., BCS Life Insurance Company, and Frank December, Defendants.

United States District Court, E.D. New York.

October 13, 1992.

Attorney(s) appearing for the Case

Mark Scherzer, New York City, for plaintiff William Fortune.

Peter G. Eikenberry, Seyfarth, Shaw, Fairweather & Geraldson, New York City, for defendant BCS Life Ins. Co.

Robert E. Deright, Jr., Epstein Becker & Green, New York City, for defendant Medical Associates of Woodhull, P.C.

MEMORANDUM AND ORDER

JOHNSON, District Judge:

Plaintiff William Fortune brings this action individually and as Executor of the Estate of Paul Paroski pursuant to Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. §§ 1132(a)(1)(B), (a)(2), (a)(3), (e)(1) alleging breach of contract, breach of fiduciary duty, and negligence in procuring an insurance contract. In lieu of answering the complaint, defendant Medical Associates of Woodhull,...

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