Levitt v. City of Utica

Appeal from an order of the Supreme Court at Special Term, entered March 29, 1976 in Albany County, which granted a motion by plaintiff for summary judgment and denied defendant’s cross motion for leave to serve an amended answer. In 1939, upon the insolvency of its employee pension plan, the defendant City of Utica voluntarily joined the New York State Employees’ Retirement System. To cover past service liability it was determined that the city would make an annual deficiency contribution at the rate of 25.033% of its payroll. Although the original deficiency contribution period was 30…