United States Second Circuit

Principal holding of summary judgment for defendants is vacated in part as to plaintiff's breach of contract claim to the extent that claim encompasses alleged breaches occurring within six years of August 2001, the date when defendants rejected plaintiff's claim for benefits. Defendants' obligation to contribute an annual sum to plaintiff's pension fund was a continuing one, and thus plaintiff's claim that defendants breached that obligation within six years of the commencement of this action is timely.

Appellate Information

• Decided 03/07/2007
• Published 03/07/2007

Judges

• HALL, Circuit Judge., Before WALKER, HALL and GIBSON, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Nathaniel B. Smith, New York, NY, for Plaintiff-Appellant, Charles B. Gardner.


• For Appellees:
  
• Becker Ross Stone DeStefano & Klein, LLP (Howard Justvig, of counsel) for Defendants-Appellees, Charles B. Gardner, III, Douglas Gardner and Marianne Gardner.