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Blanck v. Consolidated Edison Retirement

Before the Court are cross-motions for summary judgment pursuant to Rule 56(c) of the Federal Rules of Civil Procedure. Plaintiff Kathleen Blanck ("Blanck" or "Plaintiff") seeks judgment as a matter of law with respect to her claim that she is entitled to receive a monthly pension benefit as a surv.....

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Before the Court are cross-motions for summary judgment pursuant to Rule 56(c) of the Federal Rules of Civil Procedure. Plaintiff Kathleen Blanck (“Blanck” or “Plaintiff”) seeks judgment as a matter of law with respect to her claim that she is entitled to receive a monthly pension benefit as a surviving spouse in the amount of $1,359.50, rather than in the $764.04 monthly amount that is currently being paid to her by defendant Consolidated Edison Retirement Plan (“Defendant” or the “Plan”). In her two-count complaint, Plaintiff seeks a declaratory judgment under the Employee Retirement Income Security Act of 1974 (“ERISA”), as amended, 29 U.S.C. §§1001 et seq., as to her entitlement to the larger monthly pension benefit. Plaintiff also asserts a breach of contract claim arising from the same benefit differential. Defendant has cross-moved for summary judgment with respect to Plaintiff’s claims. Defendant also moves for summary judgment with respect to two of its three counterclaims alleging overpayment of benefits.[1]

The Court has jurisdiction of this action pursuant to 29 U.S.C.A. §1132(e) (West 2003) and 28 U.S.C.A. §1331 (West 2003).

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