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PALAGONIA v. CITY OF NEWARK

142 N.J. Super. 363 (1976)

361 A.2d 581

JOHN E. PALAGONIA, INDIVIDUALLY AND AS EXECUTOR OF THE ESTATE OF MARY PALAGONIA, PLAINTIFF, v. CITY OF NEWARK AND EMPLOYEES' RETIREMENT SYSTEM OF THE CITY OF NEWARK, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided June 1, 1976.

Attorney(s) appearing for the Case

Messrs. Cohen & Meshulam (Mr. Albert L. Cohen, appearing), attorneys for plaintiff.

Mr. Jonathan Kohn, attorney for defendant City of Newark.

Mr. Louis S. Cohen, attorney for defendant Employees' Retirement System of the City of Newark.

KIMMELMAN, J.S.C.

Plaintiff is the widower of a former Newark city employee and claims widower's benefits under the Employees' Retirement System of Newark. Plaintiff's wife was an employee of defendant City of Newark for 37 years and was a member of defendant Employees' Retirement System. She contributed $11,289.50 to the Retirement Fund and that amount was matched on her behalf in contributions by her employer, City of Newark. Upon the death of his wife plaintiff...

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