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

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 13, 1975

StatusPublished

This text of 47 A.D.2d 732 (Smith v. NMU Pension & Welfare Plan) 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

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).

Pincite

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.

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Bluebook (online)

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, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-nmu-pension-welfare-plan-nyappdiv-1975.