Pasko v. Cuba, AFL-CIO

CourtNew York City Municipal Court
Writing for the CourtJOHN A. VALENTI
Citation224 N.Y.S.2d 925,33 Misc.2d 350
PartiesEdward 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.
Decision Date26 January 1962
Docket NumberAFL-CIO

Page 925

224 N.Y.S.2d 925
33 Misc.2d 350
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/AFL-CIO Welfare Fund and John Doe as
President of United Service Employees Local 377
RWDSU/AFL-CIO, 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.
Municipal Court of City of New York, Borough of Brooklyn,
Fifth District.
Jan. 26, 1962.

Page 926

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.

JOHN A. VALENTI, Justice.

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 [33 Misc.2d 351] 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;

Page 927

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;

...

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2 practice notes
  • Society of New York Hospital v. Malsky
    • United States
    • New York City Court
    • 12 Abril 1976
    ...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......
  • Clark v. Prudential Ins. Co. of America
    • United States
    • United States State Supreme Court (New York)
    • 21 Marzo 1962
    ...for such a long period of time, this motion was not brought on until three months after defendant refused to extend plaintiffs' time. [33 Misc.2d 350] The moving papers fail to show any justifiable excuse for plaintiffs' failure to comply with the request, although many of the items called ......
2 cases
  • Society of New York Hospital v. Malsky
    • United States
    • New York City Court
    • 12 Abril 1976
    ...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......
  • Clark v. Prudential Ins. Co. of America
    • United States
    • United States State Supreme Court (New York)
    • 21 Marzo 1962
    ...for such a long period of time, this motion was not brought on until three months after defendant refused to extend plaintiffs' time. [33 Misc.2d 350] The moving papers fail to show any justifiable excuse for plaintiffs' failure to comply with the request, although many of the items called ......

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