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ROSEN v. NEW YORK CITY TEACHERS' RET. BD.

202 Misc. 159 (1952)

May S. Rosen, Plaintiff, v. New York City Teachers' Retirement Board et al., Defendants.

Supreme Court, Special Term, New York County.

June 3, 1952.

Attorney(s) appearing for the Case

Benjamin M. Zelman for plaintiff.

Denis M. Hurley, Corporation Counsel (Edward J. McLoughlin and Helen R. Cassidy of counsel), for defendants.

McNALLY, J.

Motions 2569 and 2665 are consolidated and disposed of as follows. The plaintiff moves for judgment on the pleadings and the defendants move for summary judgment dismissing the complaint. The plaintiff is a retired school teacher. On March 23, 1950, the teachers' retirement system awarded the plaintiff an annual retirement allowance of $1,696.43. The basis for the retirement allowance is the

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