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N.Y. TEAMSTERS CON. PENSION FUND v. BOENING BROS.

Nos. 91-CV-324 (FJS), 92-CV-569 (FJS).

891 F.Supp. 81 (1995)

NEW YORK STATE TEAMSTERS CONFERENCE PENSION AND RETIREMENT FUND, by its Trustees, Paul E. Bush, Victor C. Olivadoti, Charles Bentley, James Carlton, Frank Posato, Dawson Cunningham, Anthony Simoes and Ronald Morin, Plaintiff, v. BOENING BROTHERS, INC., Defendant. NEW YORK STATE TEAMSTERS CONFERENCE PENSION AND RETIREMENT FUND, by its Trustees, Paul E. Bush, Victor C. Olivadoti, Charles Bentley, James Carlton, Frank Posato, Dawson Cunningham, Anthony Simoes and Ronald Morin, Plaintiff, v. CHARLES SNYDER BEVERAGES, INC., Defendant.

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

July 7, 1995.

Attorney(s) appearing for the Case

Peter P. Paravati, P.C. (Vincent M. DeBella, of counsel), Utica, NY, for plaintiff.

Kelley, Drye & Warren (Eugene T. D'Ablemont, of counsel), New York City, for defendants.

DECISION AND ORDER

SCULLIN, District Judge.

INTRODUCTION

This is an action to determine the New York State Teamsters Conference Pension and Retirement Fund's (the "Plaintiff Fund") right to audit the payroll records of Boening Brothers, Inc. ("Boening") and Charles Snyder Beverages, Inc. ("Snyder"), employers that contribute to the Plaintiff Fund.1 Boening and Snyder refused to submit to the requested audit claiming...

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