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CARUSO v. PENSION FUNDS

136 A.D.2d 266 (1988)

Phil Caruso, as President of The Patrolmen's Benevolent Association of the City of New York, et al., Respondents, v. New York City Police Department Pension Funds, Article 1 and Article 2, et al., Appellants

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

April 5, 1988

Attorney(s) appearing for the Case

W. Bernard Richland of counsel (Julie Prag with him on the brief; Botein Hays & Sklar, attorneys), for respondents.

Doron Gopstein of counsel (Paul Rephen, Leonard Koerner and Edward F. X. Hart with him on the brief; Peter L. Zimroth, Corporation Counsel, attorney), for appellants.

SULLIVAN and MILONAS, JJ., concur with SANDLER, J. P.; ROSS, J., concurs in a separate opinion.

SANDLER, J. P.

Plaintiffs, eight officers of various police unions and also trustees of the New York City Police Department Pension Funds (pension fund) seek in this action recovery of litigation expenses incurred in several lawsuits arising out of a disagreement among trustees of the pension fund as to the proper construction of General Municipal Law § 207-k, the so-called "Heart Bill", as well as recovery...

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