Padden v. City of New York

' The plaintiff having been reinstated as a fireman in the fire department of the city, by virtue of the final determination in the proceeding wherein he invoked the aid of the writ of mandamus against the fire commissioner, it follows that he is entitled to recover the salary incident to the office, unless there is merit in the defendant’s first affirmative defense. So much of such defense as alleges that the plaintiff rendered no services to the city during the period alleged in the complaint (which is the time during which he was unlawfully prevented by the commissioner from performing his…