Legal Opinion

Waters v. City of New York

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

Decided January 15, 1905Published

Appeal by the defendant, The City of New York, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 26th day of February, 1904, upon the decision of the court rendered after a trial before; the court without a jury at the Kings County Trial Term.

1Opinion of the Court

Maddox, J.:

Plaintiff, at the time of the consolidation, held a classified competitive position, that of bookkeeper, and was, pursuant to the provisions of section 1536 of the Greater New York charter (Laws of 1897, chap. 378), assigned and continued in the performance of- the same duties in the comptroller’s office of the greater city. He had been lawfully appointed in February, 1895, by the comptroller of the former city of Brooklyn as bookkeeper in said comptroller’s office, and perforce of the section before cited, being “not subject to removal without cause,” and his position not “…

2Cases cited6 opinions

  1. People Ex Rel. Callahan v. Board of EducationNew York Court of Appeals · 1903
  2. People Ex Rel. Leet v. . KellerNew York Court of Appeals · 1898
  3. People ex rel. Lodholz v. KnoxAppellate Division of the Supreme Court of the State of New York · 1901
  4. People Ex Rel. Terry v. . KellerNew York Court of Appeals · 1899
  5. People ex rel. Callahan v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1903

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