LOWE v. POLICE PENSION FUND OF THE CITY OF NEW YORK, 9 N.Y.2d 800 (1961)

175 N.E.2d 168, 215 N.Y.S.2d 511

RICHARD B. LOWE, JR., as a Member of the Police Department of the City of New York, et al., on Their Own Behalf and on Behalf of All Others Similarly Situated, Appellants, v. POLICE PENSION FUND OF THE CITY OF NEW YORK et al., Respondents.

Court of Appeals of the State of New York.Argued February 28, 1961
Decided March 30, 1961

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, SAUL S. STREIT, J.

Page 801

Allen R. Taft and Leonard Feldman for appellants.

Charles H. Tenney, Corporation Counsel (Beatrice Shainswit
and Seymour B. Quel of counsel), for respondents.

Edward M. Edenbaum for Uniformed Firemen’s Association of Greater New York, amicus curiae.
Charles Ballon, Eugene M. Kline and Michael J. Silverberg
for Patrolmen’s Benevolent Association of the City of New York amicus curiae.

Judgment affirmed, without costs; no opinion.

Concur: Chief Judge DESMOND and Judges DYE, FULD, FROESSEL, VAN VOORHIS, BURKE and FOSTER.

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