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PRIMAX RECOVERIES INC. v. CAREY

No. 00 Civ. 8337(GEL).

247 F.Supp.2d 337 (2003)

PRIMAX RECOVERIES INCORPORATED, Plaintiff, v. Lisa CAREY, Jerry's Accommodations, Kline & Sheldon, Richard A. Sheldon, Edward Lindberg, and Jean M. Lindberg, Defendants.

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

August 23, 2002.

Attorney(s) appearing for the Case

Kenneth A. Beck, Beck & Beck, LLC, Stratford, Connecticut, for Plaintiff Primax Recoveries Incorporated.

E. Kevin Agoglia, Agoglia, Fassberg, Holland & Crowe, P.C, Mineola, New York, for Defendant Lisa Carey.

Eileen T. Rohan, Dubow & Smith, Bronx, New York, for Defendant Jerry's Accommodations.

Frank J. Pecorelli, Jr., Ahmuty, Demers & McManus, Albertson, New York, for Defendants Edward Lindberg and Jean M. Lindberg.

OPINION AND ORDER

LYNCH, District Judge.

Plaintiff Primax Recoveries Incorporated ("Primax") is the assignee of an employee benefits plan governed by the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. § 1001 et seq., that paid $91,688.88 to cover medical expenses incurred by defendant Lisa Carey as a result of an accidental injury. Primax brings this action pursuant to § 502(a)(3) of ERISA, 29 U.S.C. § 1132...

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