Legal Opinion

Weisz v. Levitt

Appellate Division of the Supreme Court of the State of New York

Decided November 23, 1977PublishedCited by 11 opinions

1Opinion of the Court

Appeal from a judgment of the Supreme Court at Special Term, entered August 25, 1976 in Albany County, which dismissed plaintiffs’ complaint. The principal issue presented on this appeal is whether the present declaratory judgment action seeking to declare section 431 of the Retirement and Social Security Law unconstitutional because it excludes lump sum payments for accrued overtime credits from the computation of final average salary for retirement purposes, is barred by the principles of res judicata. In 1974, plaintiff Weisz, on behalf of himself and all others similarly situated, and…

2Cases cited7 opinions

  1. Israel v. Wood Dolson Co.New York Court of Appeals · 1956
  2. Watts v. Swiss Bank Corp.New York Court of Appeals · 1970
  3. Stoner v. Culligan, Inc.Appellate Division of the Supreme Court of the State of New York · 1969
  4. Stissing National Bank v. KaplanAppellate Division of the Supreme Court of the State of New York · 1967
  5. Wilkins v. American Export Isbrandtsen Lines, Inc.Appellate Division of the Supreme Court of the State of New York · 1974

2 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Green v. Santa Fe Industries, Inc.New York Court of Appeals · 1987
  2. Slocum v. Joseph B.Appellate Division of the Supreme Court of the State of New York · 1992
  3. Grossman v. AxelrodDistrict Court, S.D. New York · 1979
  4. Small v. Ciao Stables, Inc.Court of Appeals of Maryland · 1981
  5. Marx v. CuomoAppellate Division of the Supreme Court of the State of New York · 1987

6 more not listed; retrieve them via the Exa API.

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