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L.I. HEAD START CHILD DEVELOPMENT v. FRANK

No. 00-CV-5231.

165 F.Supp.2d 367 (2001)

L.I. HEAD START CHILD DEVELOPMENT SERVICES, INC., and Paul Adams, derivatively on behalf of Community Action Agencies Insurance Group, and as a class representative of all other persons similarly situated, Plaintiffs, v. Neil M. FRANK; Allen B. Breslow; Frank & Breslow, LLP; and Frank & Breslow, P.C., Defendants.

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

September 26, 2001.

Attorney(s) appearing for the Case

Altieri, Kushner, Miuccio & Frind, P.C. by Alexander A. Miuccio, New York City, for Plaintiffs.

Frank & Breslow, P.C. by Allen B. Breslow, Farmingdale, NY, for Defendants.

MEMORANDUM OF DECISION AND ORDER

SPATT, District Judge.

In what appears to be a matter of first impression, the Plaintiffs, judgment creditors of a health and welfare benefit fund, seek to hold the fund's trial attorneys in the underlying action liable as aiders and abettors of the fund's breach of fiduciary duty under ERISA on the ground that the attorneys were knowingly paid with funds which should have been held in trust for the Plaintiffs. Presently...

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