Brennan v. Caruso

Appellate Division of the Supreme Court of New York

Brennan v. Caruso

108 A.D.2d 634, 485 N.Y.S.2d 267, 1985 N.Y. App. Div. LEXIS 42986

Appellate Division of the Supreme Court of the State of New York·Decided February 14, 1985·Published

Opinions

Order, Supreme Court, New York County (Taylor, J.), entered October 24, 1983, which dismissed the complaint for failure to state a cause of action, affirmed, without costs and disbursements.

We affirm for the reasons stated by Justice Taylor. We would only add that plaintiff funds’ voluntary withdrawal from the Patrolmen’s Benevolent Association’s Health & Welfare Fund was not a mutual disassociation by two contracting parties, as argued by the dissent. When plaintiffs unilaterally left the fund they relinquished all rights in the surplus, and any “windfall” is of their own choosing. Concur — Murphy, P. J., Kupferman and Sullivan, JJ.

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Order, Supreme Court, New York County (Taylor, J.), entered October 24, 1983, which dismissed the complaint for failure to state a cause of action, affirmed, without costs and disbursements.

We affirm for the reasons stated by Justice Taylor. We would only add that plaintiff funds’ voluntary withdrawal from the Patrolmen’s Benevolent Association’s Health & Welfare Fund was not a mutual disassociation by two contracting parties, as argued by the dissent. When plaintiffs unilaterally left the fund they relinquished all rights in the surplus, and any “windfall” is of their own choosing. Concur — Murphy, P. J., Kupferman and Sullivan, JJ.

Brennan v. Caruso, 108 A.D.2d 634, 485 N.Y.S.2d 267, 1985 N.Y. App. Div. LEXIS 42986 (N.Y. Ct. App. 1985).

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108 A.D.2d 634 (Brennan v. Caruso) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.