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LOPEZ v. NOVY

SC 5192-07

2008 NY Slip Op 51718 (U)

BERNITHA LOPEZ, Plaintiff, v. MICHAEL NOVY, DDS and 1199SEIU, Defendants.

City Court of Mount Vernon.

Decided August 13, 2008.

Attorney(s) appearing for the Case

Brian Johnson, Esq., Mt. Vernon, New York, Attorney for Plaintiff.

Lori Fishman, Esq., Law Office of Lori D. Fishman, Tarrytown, New York, Attorney for Defendant Novy.

Suzanne Metzger, Esq., Associate Counsel, Legal Department, New York, New York, Attorney for Defendant 1199SEIU Benefit Fund 1199SEIU National Benefit Fund.

ADAM SEIDEN, J.

In this action by plaintiff seeking to recover payment for failure to pay an insurance claim, failure to provide proper dental services and breach of contract, Defendant 1199SEIU National Benefit Fund for Health and Human Service Employees moves to dismiss the complaint against it on the ground that: 1) it is an equity claim against a trust fund, for which the Court lacks jurisdiction, 2) the state law claims are barred against it under the Employees...

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