District Court, S.D. New York March 2, 2016, Nos. 14 Civ. 8788 (CM), 14 Civ. 8863 (CM) (Derogatis v. Board of Trustees of Central Pension Fund of the International Union of Operating Engineers)

AMENDED MEMORANDUM DECISION AND ORDER GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT

McMahon, United States District Judge

This is a very sad case.

Plaintiffs husband, formerly a member of the International Union of Operating Engineers Local 15 (“Local 15”), died of lung cancer in September 2011. It was his wish and intent that his wife receive a 100% survivor’s benefit upon his demise. Mr.