Walsh v. City of New York

Appellate Terms of the Supreme Court of New York

Walsh v. City of New York

144 N.Y.S. 8

Appellate Terms of the Supreme Court of New York·Decided November 13, 1913·Published·Cited by 1 cases

Opinion

PER CURIAM.

We think that the case of Ryan v. City of New York, 177 N. Y. 271, 69 N. E. 599, which is binding upon us, precludes the possibility of a recovery in this case. Under the rule laid down in that case, it is clear that the court below was correct in deciding that the acceptance by the plaintiff of his wages for a period of three years was a waiver of any claim he may have had under the statute to recover the per diem increase for that period.

Judgment affirmed, with costs.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

We think that the case of Ryan v. City of New York, 177 N. Y. 271, 69 N. E. 599, which is binding upon us, precludes the possibility of a recovery in this case. Under the rule laid down in that case, it is clear that the court below was correct in deciding that the acceptance by the plaintiff of his wages for a period of three years was a waiver of any claim he may have had under the statute to recover the per diem increase for that period.

Judgment affirmed, with costs.

Walsh v. City of New York, 144 N.Y.S. 8 (N.Y. Ct. App. 1913).

Pincite

144 N.Y.S. 8 (Walsh v. City of New York) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related