New York Court of Appeals

New York City Employees' Retirement System, Appellant and Respondent v. Amory v. Eliot, as Executors of…

April 17, 1935267 N.Y. 193

Summary

The Court held that section 1560 of the Greater New York Charter applies to retirement allowances, barring Eliot's pension while he served as a State officer, and that money paid by a municipal agency under a mistake of law is recoverable. Accordingly, the Court reversed the Appellate Division and affirmed the trial court judgment in favor of the Retirement System.