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GEROSA v. SAVASTA

No. 01 CIV.1761(AKH).

189 F.Supp.2d 137 (2002)

Alfred G. GEROSA, Joseph Mitrione, John J. Pylilo, Paul M. Mantia, Angelo Sagnelli, Bert Gallo, and John Pagliuca, Trustees, Cement Masons' Local 780 Pension Fund, Plaintiffs, v. Neil J. SAVASTA, Mark Schor, and Savasta and Company, Inc., Defendants.

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

March 13, 2002.

OPINION AND ORDER DENYING MOTION TO DISMISS

HELLERSTEIN, District Judge.

Plaintiffs, the trustees of an employee benefit fund, sue the fund's actuary to recover damages caused by the actuary's negligence. The actuary, in analyzing and reporting on the fund's actual and expected experience, reported that the fund was over-funded and recommended to the trustees that they increase benefits payable...

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