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KLEINFELDT v. N. Y. C. RET.

73 Misc.2d 310 (1973)

Robert H. Kleinfeldt, on Behalf of Himself and All Others Similarly Situated, et al., Plaintiffs, v. New York City Employees' Retirement System, Defendant.

Supreme Court, New York County.

March 7, 1973

Attorney(s) appearing for the Case

O'Donnell & Schwartz (Michael Klein of counsel), for plaintiffs. Norman Redlich, Corporation Counsel (Steven A. Herman of counsel), for defendant. Louis J. Lefkowitz, Attorney-General (John Q. Driscoll of counsel), for State of New York, amicus curiae. Stroock & Stroock & Lavan and Morris Weissberg, Herman Badillo, Charles G. Moerdler, Vivienne W. Nearing and Nathan Z. Dershowitz for Uniform Sanitation Men's Association, amicus curiae.

SIDNEY H. ASCH, J.

Motion by plaintiffs for summary judgment and motions by the Uniform Sanitationmen's Association and the State Attorney-General for leave to appear and file briefs amicus curiae are consolidated for disposition. This is a declaratory judgment action with respect to the application of subdivision 4 of section 431 of the Retirement and Social Security Law.

Motions for leave to...

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