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BINGHAMTON FIREMEN'S ASSN. v. McELHILL

9 A.D.2d 255 (1959)

Binghamton Firemen's Benevolent Association of Binghamton, New York, Appellant, v. Joseph L. McElhill, as Treasurer of The Binghamton Fire Department and as Treasurer of The City of Binghamton, et al., Respondents

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

November 13, 1959.

Attorney(s) appearing for the Case

Night, Keller & Birch (William E. Night and Chandler Keller of counsel), for appellant.

John V. Romagnoli, Corporation Counsel (John J. Connerton of counsel), for respondents.

BERGAN, J. P., COON and HERLIHY, JJ., concur; FOSTER, P. J., not voting.

GIBSON, J.

Plaintiff appeals from a judgment dismissing the complaint, entered upon a decision, in an action for a judgment declaratory of the rights of the parties in respect of the payments required to be made annually by foreign fire insurance companies writing insurance upon property within the City of Binghamton "for the use and benefit of [the city] fire department". (Insurance Law, §§ 553, 554...

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