Legal Opinion

Byrnes v. City of New York

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

Decided April 12, 1912PublishedCited by 3 opinions

Appeal by the plaintiff, Stephen T. Byrnes, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 8th day of June, 1910, upon the decision of the court rendered after a trial at the Kings County Trial Term, a jury having been waived.

1Opinion of the Court

HlRSCHBERG, J.:

The plaintiff alleges that he was employed as a bricklayer in the fire department by the fire commissioner of the city of New York on the 21st day of July, 1903, and that he continued in such employment until the 31st day of December, 1908. He claims that during that time he has received considerably less compensation than the prevailing rate of wages in that occupation, in violation of the provisions of section 3 of the Labor Law (Gen. Laws, chap. 32 [Laws of 1897, chap. 415], as amd. by Laws of 1899, chap. 567; Laws of 1900, chap. 298, and Laws of 1906, chap. 506), and sues…

2Cases cited5 opinions

  1. Clark v. . StateNew York Court of Appeals · 1894
  2. McCarthy v. . Mayor, Etc., of N.Y.New York Court of Appeals · 1884
  3. Ryan v. . City of New YorkNew York Court of Appeals · 1904
  4. Grady v. . City of New YorkNew York Court of Appeals · 1905
  5. Bannister v. City of New YorkNew York Supreme Court · 1903

3Cited by3 opinions

  1. United States Ex Rel. Johnson v. Morley Const. Co.District Court, W.D. New York · 1936
  2. Golding v. City of New YorkCity of New York Municipal Court · 1912
  3. Lazinsk v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1914

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