Hecht v. Whalen

Vat,ente, J.

This is a motion under rule 106 of the Rules of Civil Practice to dismiss the complaint against the estate of an incompetent. The motion is pressed by the committee and joined in by the special guardian appointed.

The incompetent is the designated beneficiary under the. death benefits allowable to a teacher of the city of New York from the funds of the retirement system. Such death benefits are payable to designees of teachers who die prior to retirement. These benefits consist of the accumulated deductions from the teacher’s salary, with interest, together with a fraction or…