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DEROGATIS v. TRUSTEES OF THE CENTRAL PENSION FUND

Nos. 14 Civ. 8788 (CM), 14 Civ. 8863 (CM)

167 F.Supp.3d 574 (2016)

Emily DEROGATIS Plaintiff, v. BOARD OF TRUSTEES OF THE CENTRAL PENSION FUND OF THE INTERNATIONAL UNION OF OPERATING ENGINEERS and Participating Employers, Plan Administrator; James T. Callahan, Trustee; Michael R. Murphy, Trustee; Terrence E. McGowan, Trustee; Brian E. Hickey, Trustee; John Duffy, Trustee; Robert P. McCormick, Trustee; Noel C. Borck, Trustee; Paul O. Gehl, Trustee; J. Patrick Tielborg, Trustee; Paul C. Bensi, Trustee; Defendants. Emily DeRogatis, Plaintiff, v. Board of Trustees of the Welfare Fund of the International Union of Operating Engineers Local 15, 15A, 15C & 15D, AFL-CIO; James T. Callahan, Trustee; Francis DiMenna, Trustee; John Brunetti, Trustee; Defendants.

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

Signed March 2, 2016.

Attorney(s) appearing for the Case

Edgar Pauk, Law Office of Edgar Pauk, Brooklyn, NY, Robert Lawrence Liebross, Law Office of Robert L. Liebross, New York, NY, for Plaintiff.

Lisa Marie Gomez, Michael Seth Adler, Cohen, Weiss and Simon LLP, New York, NY, for Defendants.

AMENDED MEMORANDUM DECISION AND ORDER GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT

This is a very sad case.

Plaintiffs husband, formerly a member of the International Union of Operating Engineers Local 15 ("Local 15"), died of lung cancer in September 2011. It was his wish and intent that...

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