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MASON TENDERS DIST. COUNCIL PENSION v. MESSERA

No. 95 Civ. 9341(RWS).

4 F.Supp.2d 293 (1998)

MASON TENDERS DISTRICT COUNCIL PENSION FUND, et al., Plaintiffs, v. James MESSERA, et al., Defendants.

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

May 7, 1998.

Attorney(s) appearing for the Case

Proskauer Rose, New York City (Myron D. Rumeld, Ravi B. Motwani, of counsel), for Plaintiffs.

Zuckerman, Spaeder, Goldstein, Taylor & Kolker, New York City (Edward J.M. Little, Jody Kasten, of counsel), for Defendant Estate of Carl Tunick.

OPINION

SWEET, District Judge.

Defendant Carl Tunick ("Tunick") has moved for summary judgment pursuant to Rule 56, Fed.R.Civ.P. dismissing three malpractice claims and one ERISA breach of fiduciary claim asserted against him by Plaintiffs, the Mason Tenders' District Council Trust Funds.

For the reasons set forth below, Tunick's motion for summary judgment will be granted.

The Parties

The parties, prior proceedings...

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