MTR CARUSO v. POLICE DEPT.


122 Misc.2d 576 (1983)

In the Matter of Phil Caruso, as President of the Patrolmen's Benevolent Association of the City of New York, et al., Plaintiffs, v. New York City Police Department Pension Funds, Articles 1 and 2, et al., Defendants.

Supreme Court, Special Term, New York County.

May 5, 1983


Attorney(s) appearing for the Case

Allen G. Schwartz, Corporation Counsel (Richard Bowers of counsel), for defendants. Botein, Hays, Sklar & Herzberg for plaintiffs.


EDWARD J. GREENFIELD, J.

Motions numbered 108 of January 11, 1982 and 174 of November 10, 1981 are consolidated for disposition.

In each, defendant City of New York moves pursuant to CPLR 3211 (subd [a], par 7) to dismiss the complaint upon the grounds plaintiffs have failed to state a cause of action for counsel fees and expenses in connection with prior Heart Bill litigation.

In 1979, a controversy arose among the city members and union...

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