TOOLEY v. EXEMPT FIREMEN'S BENEVOLENT ASS'N OF THE CITY OF YONKERS


13 A.D.2d 685 (1961)

Thomas C. Tooley, Individually and on Behalf of All Others Similarly Situated, et al., Appellants, v. Exempt Firemen's Benevolent Association of the City of Yonkers, Respondent

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

April 10, 1961


Order affirmed, without costs, and with leave to plaintiffs, if so advised, to renew their motion to examine defendant before trial respecting, however, only such matters as are relevant and material to plaintiffs' right to a declaratory judgment and an accounting.

Since defendant took no appeal from the order denying its motion to dismiss the complaint, it is presently the law of this case that plaintiffs have standing to sue and that the complaint herein...

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