McGrade v. City of New York

Appellate Division of the Supreme Court of New York

McGrade v. City of New York

126 A.D. 362, 110 N.Y.S. 517, 1908 N.Y. App. Div. LEXIS 3353

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

DecidedMay 1, 1908

StatusPublished

Cited by3 cases

This text of 126 A.D. 362 (McGrade v. City of New York) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

McGrade v. City of New York, 126 A.D. 362, 110 N.Y.S. 517, 1908 N.Y. App. Div. LEXIS 3353 (N.Y. Ct. App. 1908).

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Opinion

Gaynor, J.:

The plaintiff was a clerk in the fire department of the city of New York at a salary of $1,500 a year. In 1902 such salary (in ■ common with other salaries) was reduced 10 per cent., i. e., to $1,350 a year. On April 12tli, 1905, the salaries of clerks in the fire department were fixed at from $1,500 to $2,000 a year by a resolution passed by the board of estimate and apportionment and the board of aldermen and approved by the mayor, that being the legal method. The plaintiff thereby became entitled to the said minimum salary of $1,500, but was thereafter paid monthly at the "former rate of $1,350, and this action is to recover the difference. No reason is given for withholding part of his salary. That he received the lesser sum does not estop him from claiming his legal due (Kehn v. State of New York, 93 N. Y. 291).

The judgment should be affirmed.

Woodward, Jenks, Hooker and Rich, JJ., concurred.

Judgment of the Municipal Court affirmed, with costs.

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Gaynor, J.:

The plaintiff was a clerk in the fire department of the city of New York at a salary of $1,500 a year. In 1902 such salary (in ■ common with other salaries) was reduced 10 per cent., i. e., to $1,350 a year. On April 12tli, 1905, the salaries of clerks in the fire department were fixed at from $1,500 to $2,000 a year by a resolution passed by the board of estimate and apportionment and the board of aldermen and approved by the mayor, that being the legal method. The plaintiff thereby became entitled to the said minimum salary of $1,500, but was thereafter paid monthly at the "former rate of $1,350, and this action is to recover the difference. No reason is given for withholding part of his salary. That he received the lesser sum does not estop him from claiming his legal due (Kehn v. State of New York, 93 N. Y. 291).

The judgment should be affirmed.

Woodward, Jenks, Hooker and Rich, JJ., concurred.

Judgment of the Municipal Court affirmed, with costs.

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Bluebook (online)

126 A.D. 362, 110 N.Y.S. 517, 1908 N.Y. App. Div. LEXIS 3353, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcgrade-v-city-of-new-york-nyappdiv-1908.

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