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BRENNAN v. CARUSO

108 A.D.2d 634 (1985)

Dennis P. Brennan, as Trustee of The Health Benefits Fund of the Detectives' Endowment Association, Police Department of the City of New York, Inc., and as Trustee of The Retirees' Health & Welfare Fund of the Detectives' Endowment Association of the City of New York, Inc., Appellant, v. Philip Caruso, as Trustee of The Patrolmen's Benevolent Association Securities Benefit Fund and Retirees' Benefit Fund, Respondent

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

February 14, 1985

We affirm for the reasons stated by Justice Taylor. We would only add that plaintiff funds' voluntary withdrawal from the Patrolmen's Benevolent Association's Health & Welfare Fund was not a mutual disassociation by two contracting parties, as argued by the dissent. When plaintiffs unilaterally left the fund they relinquished all rights in the surplus, and any "windfall" is of their own choosing.

Asch, J...

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