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CARUSO v. NYC POLICE FUND

72 N.Y.2d 568 (1988)

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

Court of Appeals of the State of New York.

Decided November 22, 1988.

Attorney(s) appearing for the Case

W. Bernard Richland and Julie A. Prag for appellants.

Peter L. Zimroth, Corporation Counsel (Doron Gopstein, Leonard Koerner and Edward F. X. Hart of counsel), for respondents.

William Josephson, Sheldon Raab and Beverly Ross Campbell for Stanley Hill, amicus curiae.

Ronald H. Schechtman and Richard M. Betheil for Vincent Bollon and others, amici curiae.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE and BELLACOSA concur.

HANCOCK, JR., J.

In this action to recover legal expenses, the question presented is whether individual trustees of the New York City Police Department Pension Funds (the Fund) may, at cost to the Fund, employ outside counsel to institute a lawsuit against other such trustees to resolve a disagreement over the proper construction of a statute governing eligibility for accident disability pension benefits. For...

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