Summary
dismissing ERISA claims that were within exclusive jurisdiction of federal courts upon appellate review
Summary of this case from Triebe v. New JerseyOpinion
November 15, 1988
Appeal from the Supreme Court, Monroe County, Provenzano, J.
Present — Denman, J.P., Green, Pine, Lawton and Davis, JJ.
Order unanimously modified on the law and as modified affirmed with costs to plaintiffs, in accordance with the following memorandum: Plaintiffs seek, in part, civil penalties and attorney's fees for alleged violations of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. § 1001 et seq. [ERISA]). Such claims lie within the exclusive jurisdiction of the Federal courts ( 29 U.S.C. § 1132 [e]; Retail Shoe Health Commn. v Reminick, 62 N.Y.2d 173, cert denied sub nom. Reminick v. Maltz, 471 U.S. 1022). We modify the order to add a provision that defendants are granted summary judgment dismissing the third cause of action to the extent that it seeks civil penalties and attorney's fees for alleged violations of ERISA, and we otherwise affirm.