District Court, S.D. New York July 15, 2004, 03 CIV.8366 CM (Maniscalco v. TAC Americas Comprehensive Healthcare Plan)

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MEMORANDUM DECISION AND ORDER DENYING DEFENDANT’S MOTION TO DISMISS AND MOTION FOR SUMMARY JUDGMENT

MCMAHON, District Judge.

Thomas and Alexandra Maniscalco filed this action against TAC Americas, Inc. Comprehensive Healthcare Plan (the “Plan”) and TAC Americas, Inc. (“TAC”) to recover medical benefits and attorneys’ fees wider the Employee Retirement Income Security Act (“ERISA”), 29 U.S.C.