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FISCINA v. NEW YORK CITY DIST. COUN. OF CARPENTERS

No. 04Civ.7720(RMB)(KNF).

401 F.Supp.2d 345 (2005)

Peter FISCINA, Plaintiff, v. NEW YORK CITY DISTRICT COUNCIL OF CARPENTERS, et. al., Defendants.

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

November 16, 2005.

Attorney(s) appearing for the Case

Thomas M. Gambino, Brooklyn, NY, for Plaintiff.

Gary Silverman, O'Donnell, Schwartz, Glanstein & Lilly LLP, Williston Park, NY, Defendants.

DECISION AND ORDER

BERMAN, District Judge.

I. Introduction

On or about September 14, 2004, Peter Fiscina ("Fiscina" or "Plaintiff") filed an amended complaint ("Amended Complaint") against New York District Council of Carpenters ("District Council"), the New York District Council of Carpenters Pension Plan ("Pension Plan"), and the New York District Council of Carpenters Benefit Funds ("Benefit Funds") (collectively, "Defendants...

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