Jones v. Valentine

Motion by defendant for summary judgment dismissing plaintiff’s complaint wherein he seeks to recover as money damages the amount of pension moneys withheld while he, a retired New York city policeman, held office (subsequent to such retirement) as a deputy sheriff of Queens county. Plaintiff opposes the motion for a dismissal but joins in the request for summary judgment, asking a determination in his favor on the law, the facts being conceded.

Such facts show that plaintiff became a member of the police department of the city of New York on October 1, 1896, and served continuously therein…