Haggerty v. City of New York

These are cross-motions for judgment on the pleadings and for summary judgment. The facts are undisputed.

*842As administratrix, the widow of a justice of this court sues the city of New York for a part of his salary which she alleges it withheld from him during the year 1933 in contravention of an explicit provision of the State Constitution. The city admits the withholding, setting up chapter 637 of the Laws of New York for 1932 as its authority for so doing, denies that the decedent was one of the justices protected from diminution of compensation by the provision of the Constitution referred…