Legal Opinion

Reidy v. . City of New York

New York Court of Appeals

Decided May 8, 1906PublishedCited by 3 opinions

Appeal from, an order of the Appellate Division of the Supreme Court in the first judicial department, entered April 12, 1905, directing a dismissal of the complaint upon the submission of a controversy under section 1279 of the Code of Civil Procedure.

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Appeal from, an order of the Appellate Division of the Supreme Court in the first judicial department, entered April 12, 1905, directing a dismissal of the complaint upon the submission of a controversy under section 1279 of the Code of Civil Procedure. The following facts, among others, were agreed upon: “That on or about the 16th day of January, 1884, one Michael Reidy was duly appointed watchman in the repair shops of the Fire Department of the Mayor, Aldermen and Commonalty of the City of Hew York, and up to the 23rd day of August, 1888, performed the duties of such position and received…

1Opinion of the CourtEdward T. Bartlett, J.

The learned Appellate Division, in this submitted controversy, upon an agreed state of facts, decided that the plaintiff, as the widow of Michael Eeidy, deceased, cannot recover from the New York Fire Department Life Insurance Fund the sum of $1,000.00, notwithstanding the provision of section 1543 of the charter of the city of New York, which reads in part as follows:

“ Wherever in any department or institution an office, position or employment is abolished, or made unnecessary through the operation of this act, or in any other manner, or whenever the number of offices, positions or…

2Cited by3 opinions

  1. State Ex Rel. Kirby v. Board of Fire CommissionersSupreme Court of Connecticut · 1942
  2. Hershey v. AgnewSupreme Court of Colorado · 1927
  3. Reidy v. . City of New YorkNew York Court of Appeals · 1906

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