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KRUGER v. N. Y. C. EMPLOYEES RET. SYS.

8 Misc.2d 1051 (1953)

Alexander W. Kruger, Plaintiff, v. New York City Employees' Retirement System, Defendant.

Supreme Court, Special Term, New York County.

October 16, 1953.

Attorney(s) appearing for the Case

Barney B. Fensterstock for plaintiff.

Denis M. Hurley, Corporation Counsel (Albert Cooper of counsel), for defendant.

IRVING L. LEVEY, J.

This suit involves a construction of section B3-46.0 of the Administrative Code of the City of New York which, insofar as applicable herein, provides as follows:

"Until the first payment on account of any benefit is made, the beneficiary * * * may elect to receive such benefit in a retirement allowance payable throughout life * * * with the provision that: "Option 1. * * * "Option 2. * * *"

The...

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