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OSTROVE v. N. Y. S. TEACHERS RET. SYS.

41 Misc.2d 974 (1963)

Ellis Ostrove et al., on Behalf of Themselves and All Other School Teachers in the State of New York, Similarly Situated, Plaintiffs, v. New York State Teachers Retirement System, Defendant.

Supreme Court, Special Term, Nassau County.

December 23, 1963

Attorney(s) appearing for the Case

Charles A. Brind, Jr., for defendant. Schechter & Berger for plaintiffs.

JOSEPH LIFF, J.

The defendant New York State Teachers Retirement System moves for summary judgment pursuant to rule 113 of the Rules of Civil Practice (CPLR 3212). In this action for a declaratory judgment the plaintiffs "on behalf of themselves and all other school teachers in the State of New York similarly situated," challenge the defendant's use of two sets of mortality tables in computing the retirement allowance.

The retirement allowance...

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