FORTE v. NEW YORK CITY EMPLOYEES' RET. SYS.


41 A.D.2d 923 (1973)

Anthony J. Forte, as Administrator D. B. N. of The Estate of Alfred Falanga, Deceased, Appellant, v. New York City Employees' Retirement System et al., Respondents

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

May 17, 1973


Appellant shall recover of respondents $60 costs and disbursements of this appeal. Prior to the submission of plaintiff's motion for summary judgment, the issue of the principal amount due in this action to recover a lump sum death benefit was admittedly settled by a clear and unambiguous stipulation between the parties freely arrived at. Said stipulation may not be set aside because of purported minor unilateral mathematical mistakes on defendants' part. Interest is to be...

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