Home/Appellate Division of the Supreme Court of New York/Gerstel v. Workmen's Benefit Fund of the United States of America

Gerstel v. Workmen's Benefit Fund of the United States of America

4 A.D.2d 937, 167 N.Y.S.2d 998, 1957 N.Y. App. Div. LEXIS 4066
CourtAppellate Division of the Supreme Court of the State of New York
DecidedNovember 6, 1957
StatusPublished
Cited by2 cases

This text of 4 A.D.2d 937 (Gerstel v. Workmen's Benefit Fund of the United States of America) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gerstel v. Workmen's Benefit Fund of the United States of America, 4 A.D.2d 937, 167 N.Y.S.2d 998, 1957 N.Y. App. Div. LEXIS 4066 (N.Y. Ct. App. 1957).

Opinion

The interlocutory judgment appealed from is modified to dismiss the complaint against the defendant Workmen’s Benefit Fund of the United States of America, and as so modified the judgment is unanimously affirmed. Any cause of action plaintiff may have is at law for breach of contract and not in equity for breach of trust. The fund in question was not a trust fund in which plaintiff had a beneficial interest. Settle order on notice. Concur — Peck, P. J., Botein, Rabin, McNally and Bastow, JJ. [5 Misc 2d 1012.]

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Cite This Page — Counsel Stack

Bluebook (online)
4 A.D.2d 937, 167 N.Y.S.2d 998, 1957 N.Y. App. Div. LEXIS 4066, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gerstel-v-workmens-benefit-fund-of-the-united-states-of-america-nyappdiv-1957.