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DeVITO v. PENSION PLAN OF LOCAL 819 I.B.T.

No. 90 Civ. 5299(MJL).

975 F.Supp. 258 (1997)

Accursio DEVITO, as Administrator of the Estate of Jennie DeVito, Plaintiff, v. PENSION PLAN OF LOCAL 819 I.B.T. PENSION FUND and Board of Trustees of the Pension Plan of Local 819 I.B.T. Pension Fund, Defendants/Third Party Plaintiffs, Connecticut General Corporation, Third Party Defendant.

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

January 7, 1997.

Attorney(s) appearing for the Case

Edgar Pauk, Legal Services for the Elderly, New York City, for Plaintiff.

Davis & Gilbert by Andrew E. Graw, New York City, for Defendants/Third Party Plaintiffs.

Putney, Twombly, Hall & Hirson by Thomas A. Martin, New York City, for Third-Party Defendant Connecticut General Corp.

OPINION AND ORDER

LOWE, District Judge.

Before the Court are the cross-motions for summary judgment of Plaintiff Accursio DeVito and Defendants Pension Plan of Local 819 I.B.T. Pension Fund (the "Plan") and Board of Trustees of the Pension Plan of Local 819 I.B.T. Pension Fund ("Board of Trustees"). For the reasons stated below, the Court grants Plaintiff's motion in part and denies Plaintiff's motion in part, and grants Defendants' motion in part and denies...

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