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MCLAUGHLIN v. RET. SYS.

96 Misc.2d 56 (1977)

Harold J. McLaughlin, Respondent, v. New York City Employees' Retirement System, Appellant.

Supreme Court, Appellate Term, Second Department.

May 11, 1977

Attorney(s) appearing for the Case

W. Bernard Richland, Corporation Counsel (L. Kevin Sheridan and Renee Modry of counsel), for appellant. Harold J. McLaughlin, respondent pro se.

Concur: PINO, P. J., BUSCHMANN and THOMPSON, JJ.

MEMORANDUM.

Judgment unanimously modified by vacating the award in favor of plaintiff and by remanding the matter to the court below for an assessment of damages and, as so modified, affirmed, without costs.

The matter was submitted to the court below upon an agreed statement of facts, based on an action for moneys due from the pension plan administered by the defendant. The amount of the plaintiff's pension must...

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