McGraw v. . Gresser
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered December 28, 1916, affirming a judgment in favor of plaintiff entered upon a-verdict. Plaintiff was executive clerk in the office of the president of the borough of Queens in the city, of New York.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered December 28, 1916, affirming a judgment in favor of plaintiff entered upon a-verdict. Plaintiff was executive clerk in the office of the president of the borough of Queens in the city, of New York. He had served a term in the volunteer fire department of Long Island City and was wrongfully removed from his position by the defendant, the president of the borough, for political reasons and without a hearing, and the position was filled by the appointment of another. (Civil Service…
1Opinion of the CourtPound, J.
The question is whether a former volunteer fireman, wrongfully discharged from a position in the civil service, may, after reinstatement by mandamus, maintain an action to recover damages against the officer who removed him, his position having meanwhile been filled by the appointment of another person.
Exempt volunteer firemen were first protected from removal from positions in the civil service of the various cities and counties “ except for cause shown after a hearing had ” by Laws of 1892, chapter 377. This statute provided no remedy, but it was held in People ex rel. Coveney v. Kearny (44…
2Cases cited13 opinions
- Willy v. . MulledyNew York Court of Appeals · 1879
- Nichols v. . MacLeanNew York Court of Appeals · 1886
- Hover v. BarkhoofCommission of Appeals · 1870
- Central Trust Co. v. New York City & Northern RailroadNew York Court of Appeals · 1888
- Bryant v. . Town of RandolphNew York Court of Appeals · 1892
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3Cited by15 opinions
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- James W. Glover, Ltd. v. FongHawaii Supreme Court · 1954
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