Leidman v. Bingham

New York Court of Appeals

Leidman v. Bingham

116 N.E.2d 496, 306 N.Y. 663, 1953 N.Y. LEXIS 940

CourtNew York Court of Appeals

DecidedDecember 3, 1953

StatusPublished

Cited by1 cases

This text of 116 N.E.2d 496 (Leidman v. Bingham) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Leidman v. Bingham, 116 N.E.2d 496, 306 N.Y. 663, 1953 N.Y. LEXIS 940 (N.Y. 1953).

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Opinion

Per Curiam.

It is undisputed that petitioner failed to sign “under protest” the payrolls as well as the checks issued thereon for the period in question. Accordingly, section 93c-2.0 of the Administrative Code of the City of New York prevents his recovery on any further claim for wages and salary during the period of his active military duty. Neither the State Soldiers ’ and Sailors ’ Civil Relief Act (Military Law, § 305) nor its Federal counterpart (U. S. Code, tit. 50, Appendix, § 522) relieved petitioner of the necessity of signing under protest as prescribed by section 93c-2.0 of the Administrative Code. (Pisciotta v. City of New York, 275 App. Div. 966, affd. 300 N. Y. 664, reargument denied and remittitur amended 300 N. Y. 755, certiorari denied 340 U. S. 825.)

The orders appealed from should be reversed and the petition dismissed, without costs.

Lewis, Ch. J., Conway, Desmond, Dye, Fum and Fboessel, JJ., concur; Van Voobhis, J., taking no part.

Orders reversed, etc,

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Per Curiam.

It is undisputed that petitioner failed to sign “under protest” the payrolls as well as the checks issued thereon for the period in question. Accordingly, section 93c-2.0 of the Administrative Code of the City of New York prevents his recovery on any further claim for wages and salary during the period of his active military duty. Neither the State Soldiers ’ and Sailors ’ Civil Relief Act (Military Law, § 305) nor its Federal counterpart (U. S. Code, tit. 50, Appendix, § 522) relieved petitioner of the necessity of signing under protest as prescribed by section 93c-2.0 of the Administrative Code. (Pisciotta v. City of New York, 275 App. Div. 966, affd. 300 N. Y. 664, reargument denied and remittitur amended 300 N. Y. 755, certiorari denied 340 U. S. 825.)

The orders appealed from should be reversed and the petition dismissed, without costs.

Lewis, Ch. J., Conway, Desmond, Dye, Fum and Fboessel, JJ., concur; Van Voobhis, J., taking no part.

Orders reversed, etc,

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Bluebook (online)

116 N.E.2d 496, 306 N.Y. 663, 1953 N.Y. LEXIS 940, Counsel Stack Legal Research, https://law.counselstack.com/opinion/leidman-v-bingham-ny-1953.

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