Cummings et al v. The City of New York et al, No. 1:2013cv01303 - Document 117 (S.D.N.Y. 2017)

Court Description: OPINION & ORDER re: 69 MOTION for Summary Judgment, filed by The City of New York, New York City Administration for Children's Services. Plaintiffs allege that Defendants, the City of New York and the New York City Administration f or Children's Services ("ACS"), failed to make approximately $15 million in contributions to the Fund between 2009 and 2012. They assert a claim under Section 515 of ERISA as well as various state law claims. Defendants, who n ow move for summary judgment, argue that they were not obligated to make the contributions at issue. Because the Court agrees with Defendants that they are entitled to judgment as a matter of law on all claims, Defendants' motion is granted. Def endants' motion for summary judgment is granted. The Clerk of Court is directed to terminate the motion pending at Docket Number 69 and enter judgment in favor of Defendants, and as further set forth herein. (Signed by Judge Ronnie Abrams on 9/29/2017) (ras)