Ziegler v. City of New York

Appellate Division of the Supreme Court of New York

Ziegler v. City of New York

253 A.D. 764, 300 N.Y.S. 1152, 1937 N.Y. App. Div. LEXIS 5500

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

DecidedDecember 24, 1937

StatusPublished

Cited by3 cases

This text of 253 A.D. 764 (Ziegler 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

Ziegler v. City of New York, 253 A.D. 764, 300 N.Y.S. 1152, 1937 N.Y. App. Div. LEXIS 5500 (N.Y. Ct. App. 1937).

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Opinion

Judgment dismissing the complaint on the merits in an action by a civil service employee to recover the difference between wages actually paid and the prevailing rate unanimously affirmed, with costs. In our opinion, it was essential for appellant, as a prerequisite to the maintenance of this action, to allege and prove compliance with chapter 563 of the Laws of 1927, and particularly with those provisions of subdivision 8 of section 220 of the Labor Law having to do with the [765]*765making and filing by the comptroller of an order fixing the prevailing rate of wages. (Olsen v. Brooklyn Ash Removal Co., Inc., 242 App. Div. 776; affd., without opinion, 268 N. Y. 693; Matter of Gaston v. Taylor, 274 id. 359.) Hagarty, Johnston, Adel and Taylor, JJ., concur; Carswell, J., concurs in result.

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Judgment dismissing the complaint on the merits in an action by a civil service employee to recover the difference between wages actually paid and the prevailing rate unanimously affirmed, with costs. In our opinion, it was essential for appellant, as a prerequisite to the maintenance of this action, to allege and prove compliance with chapter 563 of the Laws of 1927, and particularly with those provisions of subdivision 8 of section 220 of the Labor Law having to do with the [765]*765making and filing by the comptroller of an order fixing the prevailing rate of wages. (Olsen v. Brooklyn Ash Removal Co., Inc., 242 App. Div. 776; affd., without opinion, 268 N. Y. 693; Matter of Gaston v. Taylor, 274 id. 359.) Hagarty, Johnston, Adel and Taylor, JJ., concur; Carswell, J., concurs in result.

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Bluebook (online)

253 A.D. 764, 300 N.Y.S. 1152, 1937 N.Y. App. Div. LEXIS 5500, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ziegler-v-city-of-new-york-nyappdiv-1937.

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