1. Home
  2. Browse Decisions
  3. N.Y.2d
  4. 5 N.Y.2d
  5. 5 N.Y.2d 1 (1958)
 

BIRNBAUM v. TEACHERS RET. SYS.

5 N.Y.2d 1 (1958)

Eliot Birnbaum et al., on Behalf of Themselves and All Other School Teachers in the State of New York Similarly Situated, Appellants, v. New York State Teachers Retirement System, Respondent.

Court of Appeals of the State of New York.

Decided June 25, 1958.

Attorney(s) appearing for the Case

Victor Levine and Gustus J. Amrose for appellants.

Louis J. Lefkowitz, Attorney-General (Milton Alpert and Paxton Blair of counsel), amicus curiæ, in support of appellants' position.

John T. De Graff for Civil Service Employees Association, Inc., amicus curiæ, in support of appellants' position.

Charles A. Brind, Jr., for respondent.

Arthur E. Walker for New York State School Boards Association, Inc., amicus curiæ, in support of respondent's position.

Peter Campbell Brown, Corporation Counsel (Leo A. Larkin, Seymour B. Quel, Pauline K. Berger, Robert E. Hugh and Peter J. Flanagan of counsel), for City of New York, amicus curiæ, in support of respondent's position.

Judges DYE, FULD, FROESSEL, VAN VOORHIS and BURKE concur with Chief Judge CONWAY; Judge DESMOND dissents in an opinion.

Chief Judge CONWAY.

This is an appeal by the plaintiffs, as of right, from a judgment, entered upon an order of the Appellate Division, Fourth Department, which unanimously modified, on the law, an order of the Supreme Court, Onondaga County, at Special Term, (1) dismissing the complaint on the merits, and (2) ordering "that the action of the New York State Teachers Retirement System in adopting a mortality table...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases