Niagara Falls Fire Department Mutual Aid Ass'n v. Exempt Firemen's Ass'n

Judgment unanimously reversed, without costs of this appeal to either party, and motion denied, without costs. Memorandum: Plaintiff's complaint, dismissed by Special Term for failure to state a cause of action on its face, alleges inter alia, that defendants are wrongfully receiving the proceeds of taxes collected pursuant to sections 553 and 554 of the Insurance Law and are apportioning the same among their surviving members contrary to the purposes for which the funds are required by law to be used, thereby depriving plaintiff of its right to share therein. It seeks a declaratory judgment…