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GRODOTZKE v. SEAFORD AVE. CORP.

No. 13-CV-029 (SJF).

17 F.Supp.3d 185 (2014)

Danny GRODOTZKE and Robert Ruggierio, as Trustees of Plumbers Local Union No. 200 Welfare Fund, Pension Fund, Vacation Fund, Supplemental Vested Annuity Fund, Additional Security Benefits Fund and Apprentice Training Fund, and Jay Marelli as President of Plumbers Local Union No. 200, United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, Plaintiffs, v. SEAFORD AVENUE CORP., G and M Mechanical, Inc., George Luksch, Michael Scott, and Colonial Surety Company, Defendants.

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

Signed April 28, 2014.

Attorney(s) appearing for the Case

Donald M. Zolin, New York, NY, for Plaintiffs.

John W. Kondulis, James G. Bilello & Associates, Westbury, NY, for Defendants.

OPINION AND ORDER

FEUERSTEIN, District Judge:

Plaintiffs bring this action to recover unpaid fringe benefit contributions and for breach of fiduciary duty. Pending before the Court is the moving defendants'1 partial motion to dismiss, pursuant to Federal Rule of Civil Procedure ("FRCP") 12(b) (6),2 plaintiffs' first, second, fifth, sixth and eighth claims.3 For the following...

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