Order reversed insofar as appealed from, on the law, with $50 costs and disbursements, motion granted, and counterclaim dismissed, with leave to defendant, if she be so advised, to replead in accordance herewith.
The counterclaim in question seeks specific performance of an alleged contract whereby the plaintiff, the former husband of defendant, agreed to irrevocably designate her as the beneficiary of his benefits from the New York City Retirement Fund, and to elect...
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