In Society of New York Hospital v. Malsky (86 Misc 2d 221, 382 N.Y.S.2d 433 [Civ Ct, NY County], affd 88 Misc 2d 832, 390 N.Y.S.2d 512 [App Term, 1st Dept. 1976] after a hospital brought an action to recover payment for medical services rendered, the defendant filed a third-party action against a union health and welfare benefit fund. The Civil Court disagreed that the relief sought was equitable. While union trustees might use discretion in managing the assets of a fund, "they exercise no fiduciary discretion in carrying out contractual provisions such as those upon which this action is based" (86 Misc 2d at 223). The Appellate Term affirmed (88 Misc.2d at 832).