Cohen v. The New York Community Trust Retirement Plan et al
Yvonne Cohen |
The New York Community Trust Retirement Plan and The Plan Committee of the New York Community Trust Retirement Plan |
1:2012cv09085 |
December 13, 2012 |
US District Court for the Southern District of New York |
Foley Square Office |
XX Out of State |
Paul A. Engelmayer |
Labor: E.R.I.S.A. |
29 U.S.C. ยง 1132 E.R.I.S.A.-Employee Benefits |
None |
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Filing 24 OPINION & ORDER re: 14 CROSS MOTION for Summary Judgment filed by Yvonne Cohen, 8 MOTION to Dismiss/ Notice of Motion to Dismiss the Complaint filed by The Plan Committee of the New York Community Trust Retirement Plan. Plaintiff Yvonne Cohen bri ngs this action as Administrator of the Estate of her brother, Charles Tebo, a deceased former participant in the New York Community Trust Retirement Plan (the "Plan,,). Cohen alleges that defendants-the Plan and its administrator, The Plan Comm ittee of the New York Community Trust Retirement Plan (the "Committee")--violated the Employee Retirement Income Security Act of 1974 ("ERISA") by improperly calculating the benefits owed to Tebo under the Plan. Defendants move to dismiss the Complaint. Cohen cross-moves for summary judgment. For the reasons that follow, defendants' motion is granted and Cohen's motion is denied. For the foregoing reasons, defendants' motion to dismiss is granted and Cohen 9;s cross-motion for summary judgment is denied. The Complaint is dismissed, with prejudice. The Clerk of Court is directed to terminate the motions pending at docket numbers 8 and 14, and to close this case. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 6/26/2013) (rsh) |
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