Barry v. Mulrain

This appeal, by permission, is from an order of the City Court, affirmed by the Appellate Term, denying defendants’ motion to dismiss the complaint for insufficiency.

The plaintiff in this action at law seeks to recover as damages a sum to which she claims to be entitled as the widow of a pensioner who was a retired employee of the department of sanitation at the time of his death. Her deceased husband retired in 1920. The plaintiff married him in 1935. He died in 1939.

The defendants contend that the commissioner of the department of sanitation, as the trustee of the pension fund involved…