126 A.D.3d 1498
N.Y. App. Div.
2015

RALPH GUERRUCCI, on Behalf of Himself and All Others Similarly Situated, Appellants, v SCHOOL DISTRICT OF CITY OF NIAGARA FALLS, Respondent.

(Appeal No. 1.)

Supreme Court, Appellate Division, Fourth Department, New York

[6 NYS3d 879]

Appeal from a judgment (denominated order) of the Supreme Court, Niagara County (Richard C. Kloch, Sr., A.J.), entered October 24, 2013. The judgment denied the motion of plaintiffs for partial summary judgment on liability and granted the cross motion of defendant for summary judgment dismissing the amended complaint.

It is hereby ordered that the judgment so appealed from is unanimously reversed on the law without costs, the amended complaint is reinstated, judgment is granted in favor of plaintiffs as follows:

It is adjudged and declared that the individual plaintiffs are entitled to the health insurance coverage provided in the collective bargaining agreement in effect at the time each individual plaintiff retired, and

It is further adjudged and declared that those individual plaintiffs eligible for conversion of health insurance coverage “supplemental to Medicare” are entitled to such coverage that, when combined with Medicare, equals the health insurance benefits prior to such conversion, and the matter is remitted to Supreme Court, Niagara County, for further proceedings in accordance with the following memorandum: In appeal No. 1, plaintiffs, 31 retired administrators who were employed by defendant and their retiree association, commenced this breach of contract/declaratory judgment action seeking, inter alia, a declaration that the individual plaintiffs are entitled to the health insurance benefits provided in the collective bargaining agreement (CBA) in effect at the time each individual plaintiff retired. Supreme Court denied plaintiffs’ motion for partial summary judgment on liability and granted defendant‘s cross