MITCHELL v. MURPHY


283 A.D. 803 (1954)

William A. Mitchell, Appellant, v. Thomas F. Murphy, as Commissioner of The Police Department of the City of New York and as Chairman of The Board of Trustees of the Police Pension Fund, et al., Respondents

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

March 8, 1954.


Order unanimously affirmed, with $10 costs and disbursements.

Appellant alleged in his complaint that his application for retirement, which was made on the basis of twenty years of service, and the acceptance thereof by respondents, who awarded him a pension based on such service, occurred under a mutual mistake of fact as to appellant's physical condition. In our opinion the documentary proof submitted by respondents on their motion for summary judgment established...

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