Pasko v. Cuba, AFL-CIO
| Decision Date | 26 January 1962 |
| Docket Number | AFL-CIO |
| Citation | 224 N.Y.S.2d 925,33 Misc.2d 350 |
| Parties | Edward J. PASKO, Plaintiff, v. Louis CUBA, Lewis Cohn, Louis Fischer, Joseph Schwebel, Peter Busch, Irving A. Rappaport, Dominick Ruiz, and Napoleon Massa as Trustees of the United Service Employees Local 377 RWDSU/Welfare Fund and John Doe as President of United Service Employees Local 377 RWDSU/, an Unincorporated Association Consisting of More Than Seven Persons, the Name John Doe Being Fictitious, the True Name of Such Person Being Unknown to Plaintiff, the Party Intended Being the President of Such Association, and Brady Food Service Corp., a New York Corporation, Defendants. |
| Court | New York City Municipal Court |
John E. Shipper, Wantagh, for plaintiff.
Katz & Wolchok, New York City, by Milton M. Konowe, New York City, of counsel, for all defendants except Brady Food Service Corporation.
Corner, Weisbrod, Froeb & Charles, Brooklyn, by Adrian Laurencelle, Jr., Brooklyn, of counsel, for defendant Brady Food Service Corporation.
One, Edward J. Pasko, husband of Helen Pasko, instituted this action to recover the sum of $1468.57. His action was based on a claim that he, as beneficiary, was entitled to certain payments pursuant to various instruments executed between defendant union and defendant Brady Food Service Corporation, the latter, employer of Helen Pasko, who died February 20, 1959. Prior to the death of Helen Pasko, the defendant union issued its 'Certificate of Coverage' to said Helen Pasko, the effective date of which was February 10, 1959. Pursuant to said certificate, 'Member's Coverage' included $1000 as life insurance, hospitalization benefits, surgical benefits, etc.
During the pendency of the action, Edward J. Pasko died on April 6, 1960, leaving a Last Will and Testament in which Anne J. Pasko was named executrix. Letters testamentary were issued on September 23, 1960, and on November 10, 1960, pursuant to order of this Court, said Anne J. Pasko was substituted as plaintiff herein.
The defendant union, as set forth in its amended answer, urges:
1--That the 'Certificate of Coverage' was erroneously issued after the decease of Helen Pasko and therefore not entitled to any benefits 2--That the employer, defendant Brady Food Service Corporation, failed to make timely contributions required under the major contract between the union and the employer;
3--That said employer, however, did thereafter make the payments without the union's knowledge of the employee's death.
No proof was offered that the 'Certificate of Coverage' was issued in error. On the contrary, I find that such certificate was issued and dated February 10, 1959, prior to the decease of Helen Pasko. As to the union's claim that she had not been in the employ of defendant Brady for one year prior to her death, the conceded facts admit she had been re-employed January 27, 1958 to time of death, which is more than one year. While the union claims that she did not work during June, 1958, and that her unemployment ceased January 19, 1959, the master contract provides that if the employee is absent on account of sickness or injury, employment shall be deemed to continue until payments for such employee's benefits are discontinued; and if temporarily laid off, employment shall be deemed to continue for two months following cessation of active work .
The union's claim, therefore, that payments had not been made in accordance with the terms of said 'Master Policy' is defeated by its admitted subsequent receipt of such payments which it never returned and still...
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...the claim of the beneficiary of a deceased union member to recover the proceeds of a group life insurance policy. In Pasko v. Cuba, 33 Misc.2d 350, 224 N.Y.S.2d 925, plaintiff's intestate brought suit in the former Municipal Court to enforce the terms of a life insurance policy against unio......
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