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NOVELLA v. WESTCHESTER COUNTY

No. 02 Civ. 2192(MBM).

443 F.Supp.2d 540 (2006)

Carlo NOVELLA, On His Own Behalf and On Behalf of All Similarly Situated, Plaintiff, v. WESTCHESTER COUNTY, New York Carpenters' Pension Fund, and Board of Trustees of Westchester County, New York Carpenters' Pension Fund, Defendants.

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

August 2, 2006.

Attorney(s) appearing for the Case

Edgar Pauk, New York, NY, for Plaintiff.

Robert T. McGovern, Meyer, Suozzi, English & Klein, P.C., Mineola, NY, for Defendants.

OPINION AND ORDER

MUKASEY, District Judge.

In a class action complaint, plaintiff Carlo Novella sued defendants Westchester County and New York Carpenters' Pension Fund ("the Fund") and its Board of Trustees on the ground that they refused to award him a pension in the amount to which he was entitled under the Westchester Fund's pension plan ("the Plan"). Novella was awarded summary judgment on his claim that by using two different benefit rates to calculate...

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