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CASSIDY v. CASSIDY

285 A.D. 1040 (1955)

Mary Cassidy, Respondent, v. Celia Cassidy, Appellant, et al., Defendant

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

April 26, 1955.

Judgment appealed from affirmed.

BREITEL, J. (dissenting).

Plaintiff, the wife of decedent, sued his sister to impress a constructive trust upon one half of his pension benefits. In her complaint, she alleged that decedent, while under the sister's influence, signed certain papers whereby the sister was named beneficiary of one half of decedent's retirement benefits under the New York City employees' retirement system. After trial, the complaint...

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