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Labor: E.R.I.S.A. | New York Southern
Order
JUDGMENT : Accordingly, IT IS ORDERED, ADJUDGED, AND DECREED that judgment is entered in favor of defendant Democratic Socialists of America, Inc. on DSA's counterclaim for declaratory relief. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that plaintiff Martin Hecht, as Administrator of the Estate of David F. Greenberg, shall take nothing on the Complaint, and the Complaint is dismissed in its entirety and on the merits. IT IS FURTHER DECLARED that, under David F. Greenberg's benefici ary designation for the Disputed Retirement Account (defined to include the RA Contract bearing Certificate Nos. A6132192/P6132190, the GSRA Contract bearing Certificate Nos. L30977S6/M30977S4, and the RC Contract bearing Certificate Nos. F1776563/H1 776569 (ECF Doc. No. 48, paragraphs 44-46)), Democratic Socialists of America, Inc. is the proper contingent beneficiary as the successor to the New American Movement. IT IS FURTHER DECLARED that, because Greenberg's primary beneficiaries prede ceased him, DSA is entitled to the Disputed Retirement Account. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that judgment is entered in favor of DSA on its cross-claim against NYU. IT IS FURTHER ORDERED that NYU, in its capacity as plan administrato r, shall take such actions as are necessary and appropriate, consistent with the Court's Opinion and Order and the governing plan and account documents, to cause the Disputed Retirement Account to be distributed to DSA. IT IS FURTHER ORDERED tha t NYU shall direct that any hold or freeze placed on the Disputed Retirement Account be lifted to the extent necessary to effectuate that distribution through the ordinary plan administration and recordkeeping process; NYU shall provide DSA with any required distribution paperwork within ten (10) business days after the date of this judgment, or shall notify DSA within ten (10) business days after the date of this judgment that no distribution paperwork is required; and distribution of the Dispu ted Retirement Account shall be made to DSA not more than ten (10) business days after the submission by DSA of completed paperwork to NYU or not more than ten (10) business days after NYU notifies DSA that no distribution paperwork is required. IT I S FURTHER ORDERED, ADJUDGED, AND DECREED that judgment is entered in favor of NYU on all claims asserted by plaintiff against NYU, including plaintiff's claims for benefits, declaratory or related relief, breach of fiduciary duty, and alternative equitable relief. The Clerk of the Court is directed to enter judgment accordingly. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 8/3/2026) (jca)
Proposed Judgment
PROPOSED JUDGMENT. Document filed by New York University..(Messer, Suzanne)
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