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IMBRIOSCIA v. QUAYLE

278 A.D. 144 (1951)

Anna E. M. Imbrioscia, Respondent, v. Frank J. Quayle et al., Constituting The Board of Trustees of the New York Fire Department Pension Fund and the New York Fire Department Life Insurance Fund, Defendants-Respondents, and Elizabeth Imbrioscia, Defendant-Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

April 3, 1951.

Attorney(s) appearing for the Case

Bernard Meyerson of counsel (John G. Esposito, attorney), for appellant.

James N. Fazio for plaintiff-respondent.

Henry J. Shields of counsel (Seymour B. Quel with him on the brief; John P. McGrath, Corporation Counsel, attorney), for defendants-respondents.

PECK, P. J., CALLAHAN, VAN VOORHIS and HEFFERNAN, JJ., concur.

COHN, J.

This is a dispute between plaintiff, Anna Imbrioscia, and defendant, Elizabeth Imbrioscia, each claiming to be the widow of Joseph Imbrioscia, deceased, and as such entitled under section 791 of the Greater New York Charter to be awarded a pension in the discretion of the board of trustees of the New York City fire department pension fund.

Plaintiff claims to be the decedent's second wife, asserting...

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