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

CourtAppellate Terms of the Supreme Court of New York

DecidedNovember 13, 1913

StatusPublished

Cited by1 cases

This text of 144 N.Y.S. 8 (Walsh v. City of New York) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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

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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.

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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.

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Bluebook (online)

144 N.Y.S. 8, Counsel Stack Legal Research, https://law.counselstack.com/opinion/walsh-v-city-of-new-york-nyappterm-1913.

Opinion

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