Toscano v. McGoldrick

In this action at law for unpaid salary, the city has, so far successfully, challenged plaintiff’s right to bring the action on the general ground that the only remedy available for the relief sought is in the nature of mandamus under article 78 of the Civil Practice Act (L. 1937, ch. 526, as amd.) and which would therefore be barred by the four months ’ Statute of Limitations contained in section 1286 thereof.

Permission to appeal has been granted by the Appellate Division in the first judicial department.

The within action stems from the abortive act of the board of estimate taken when the…