Keith v. New York State Teachers' Retirement System

Appeal from an order of the Supreme Court at Special Term, entered December 3, 1973 in Delaware County, which denied a motion by the defendant to dismiss the complaint. The plaintiff’s deceased’s wife had been employed as a teacher in the public schools of Delhi, New York and was a member of the New York State Teachers’ Retirement System. In April of 1971 the decedent unsuccessfully underwent surgery for the removal of a cancerous growth. Although she returned to work in the fall of 1971 and continued to teach through June of 1972, the decedent still suffered from cancer. In September of 1972…