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GREENE v. TEACHERS' SYS.

107 Misc.2d 508 (1980)

Fred R. Greene, as Executor of Mathilda Simon, Deceased, et al., Plaintiffs, v. Teachers' Retirement System of the City of New York et al., Defendants.

Supreme Court, Trial Term, New York County.

November 10, 1980

Attorney(s) appearing for the Case

Meiselman, Boland, Reilly & Pittoni (John J. Reilly of counsel), for plaintiffs. Allen G. Schwartz, Corporation Counsel (Naomi R. Duker of counsel), for defendants.

ALBERT P. WILLIAMS, J.

The plaintiffs move for summary judgment to recover the pension reserve of decedent Mathilda Simon from the defendants. The defendants cross-move for summary judgment dismissing the complaint.

This action was commenced to recover money damages in the amount of $59,825, or such other sum as would reflect the total fixed allowance of Mathilda Simon at the time of her death, on the grounds that defendants unlawfully precluded...

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