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NEIDICH v. ESTATE OF NEIDICH

No. 01 Civ. 7464(CM)(GAY).

222 F.Supp.2d 357 (2002)

Florence NEIDICH, Plaintiff, v. ESTATE OF Henry K. NEIDICH, Henry K. Neidich & Co., Inc., Henry K. Neidich & Co., Inc. Profit Sharing Plan & Trust, Henry K. Neidich & Co., Inc. Profit Sharing Corporate Plan, Daniel M. Neidich and Warren S. Neidich, both individually and as co-executors of the Estate of Henry K. Neidich, and Eugene Fox, individually and as Trustee of Henry K. Neidich & Co., Inc. Profit Sharing Plan & Trust and/or the Henry K. Neidich & Co., Inc. Profit Sharing Corporate Plan, Defendants.

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

September 6, 2002.

Attorney(s) appearing for the Case

William H. Mulligan, Jr., Bleakley, Platt & Schmidt, LLP, for Defendants.

Anthony J. Pirrotti, Pirrotti & Pirrotti LLP, Ardsley, NY, for Plaintiff.

MEMORANDUM DECISION AND ORDER DENYING IN PART AND GRANTING IN PART DEFENDANTS' MOTION FOR SUMMARY JUDGMENT

McMAHON, District Judge.

Plaintiff Florence Neidich brings this action against the above named defendants for (1) a declaration that an alleged waiver of surviving spouse death benefits, pursuant to a profit-sharing plan governed by the provisions of the Employee Retirement Income Security Act of 1974, 29 U.S.C. §§ 1001, et seq...

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