U.S. District Court, Northern District of N.Y. Case Summaries: July 29, 2008

U.S. District Court, Northern District of N.Y.

ERISA

Pension Contributions

Laborers’ Local No. 35 Pension

Fund v. McCarey Contracting Group

08-CV-00253

Judge McCurn

Background: The plaintiff pension fund seeks default and summary judgment against the defendants for failure to pay contributions to the funds on behalf of their employees, pursuant to the terms of a collective bargaining agreement with the Laborers’ Local No. 35 union. This complaint was filed in February and the defendants have failed to appear. The defendants’ unpaid contributions for January 2006 and February through April 2007 total $7,148.41 and the plaintiffs seek legal fees of $10,056.

Ruling: As there is no issue of material fact, default and summary judgment are entered against the defendants in the amount of $19,471, which includes the past due contributions, legal fees and interest.

David A. Kline for the plaintiff, and McCarey Contracting Group Inc., pro se

Originally published by Daily Record Staff.

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