Case No. MISSINGRegular Panel Decision Upstate New York Bakery Drivers and Industry Pension Fund v. Colony Liquor Distributors, Inc.
Plaintiff, Upstate New York Bakery Drivers and Industry Pension Fund, brought an action against Defendant, Colony Liquor Distributors, Inc., under ERISA, seeking $12,610 in delinquent fringe benefit contributions, along with interest, liquidated damages, and attorney's fees. The Court held oral argument on July 1, 1997, granting Plaintiff partial summary judgment for $10,494 in unpaid contributions, statutory interest, and liquidated damages, while denying Defendant's cross-motions. The remaining dispute concerned contributions for vacation leave from August 19, 1990, to December 31, 1991, which the Court resolved by granting partial summary judgment in favor of the Defendant, interpreting the collective bargaining agreement's Article XXII as unambiguously limiting contributions based on actual days worked. Consequently, the Plaintiff was awarded attorney's fees and costs, adjusted from the initial request. The final judgment ordered the Defendant to pay a total of $40,595.76, encompassing delinquent contributions, statutory interest, liquidated damages, and attorney's fees.
ERISAPension FundCollective Bargaining AgreementDelinquent ContributionsSummary JudgmentAttorney's FeesStatutory InterestLiquidated DamagesNorthern District of New YorkVacation Contributions