Smith v. NMU Pension & Welfare Plan

Appellate Division of the Supreme Court of New York

Smith v. NMU Pension & Welfare Plan

47 A.D.2d 732, 368 N.Y.S.2d 454, 89 L.R.R.M. (BNA) 2864, 1975 N.Y. App. Div. LEXIS 8995

Appellate Division of the Supreme Court of the State of New York·Decided March 13, 1975·Published

Opinion

Order of the Appellate Term First Department, entered on October 31, 1969, affirming a judgment of the Civil Count, New York County, entered September 12, 1968, affirmed, without costs and without disbursements. Regardless of any other consideration, it is the trust agreement which controls, and that document gave the trustees the authority to make the change in the regulations in dispute here. Concur — Markewich, J. P., Tilzer and Lane, JJ.; Kupferman and Murphy, JJ., dissent and vote to reverse on the dissenting opinion of Hofstadter, J., at the Appellate Term.

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Order of the Appellate Term First Department, entered on October 31, 1969, affirming a judgment of the Civil Count, New York County, entered September 12, 1968, affirmed, without costs and without disbursements. Regardless of any other consideration, it is the trust agreement which controls, and that document gave the trustees the authority to make the change in the regulations in dispute here. Concur — Markewich, J. P., Tilzer and Lane, JJ.; Kupferman and Murphy, JJ., dissent and vote to reverse on the dissenting opinion of Hofstadter, J., at the Appellate Term.

Smith v. NMU Pension & Welfare Plan, 47 A.D.2d 732, 368 N.Y.S.2d 454, 89 L.R.R.M. (BNA) 2864, 1975 N.Y. App. Div. LEXIS 8995 (N.Y. Ct. App. 1975).

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