United States Second Circuit

In a claim for wrongful denial of the correct amount of a pension under ERISA, remand is necessary to determine when a promotion took place and proper interpretation of the terms of the employer's pension plan; reliance on an oral promise to modify the terms of an ERISA plan is improper as a matter of law.

Appellate Information

• Decided 07/09/2002
• Published 07/09/2002

Judges

• JOSÉ A. CABRANES, Circuit Judge:, Before:  CALABRESI, CABRANES, Circuit Judges, and MURTHA, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Arnold I. Rich, White Plains, NY, for Plaintiffs-Appellants.


• For Appellees:
  
• Suzanne M. Halbardier, Barry, McTiernan & Moore, New York, NY, for Defendants-Appellees.