Hoar v. City of Yonkers

The plaintiff, a member of the Firemen’s Pension Fund of the City of Yonkers, by his complaint in the present action demands a declaratory judgment which will determine his pension rights. By a counterclaim interposed in their answer the defendants also demand a judgment declaring the plaintiff’s pension rights which are pleaded on a basis different than that asserted by the plaintiff. After a reply had been served cross motions by the plaintiff and the defendants were made under rule 112 of the Rules of Civil Practice for judgment on the pleadings. The order made at Special Term, which…