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KRANKER v. LEVITT

68 Misc.2d 224 (1971)

Abraham Kranker, on Behalf of Himself and All Others Similarly Situated, et al., Plaintiffs, v. Arthur Levitt, as Comptroller of the State of New York, Defendant.

Supreme County, Special Term, Albany County.

December 14, 1971

Attorney(s) appearing for the Case

DeGraff, Foy, Conway & Holt-Harris for plaintiffs. Louis J. Lefkowitz, Attorney-General (John Q. Driscoll of counsel), for defendant.

JOHN H. PENNOCK, J.

This is a motion by the plaintiffs for summary judgment in this declaratory judgment action on the ground that there are no triable issues of fact. The defendant cross-moves concomitantly for summary judgment on the ground that there is no issue of fact.

The complaint avers that the plaintiff, Abraham Kranker, is 68 years of age and has been a member of the Employees Retirement System...

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