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BIRNBAUM v. NEW YORK STATE TEACHERS RET. SYS.

3 A.D.2d 815 (1957)

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

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

March 20, 1957

Judgment and order modified on the law by deleting therefrom that portion which dismisses the complaint on the ground that the dismissal of the complaint is inconsistent with the declaration of rights (see Hoffman v. City of Syracuse, 2 A.D.2d 653, mod. on other grounds 2 N.Y.2d 484), and as so modified affirmed, without costs of this appeal...

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