Brooks v. City of New York

Plaintiff moves for summary judgment in his action to recover the sum of $505.51 for unpaid salary, against defendant City of New York, and for judgment against defendant New York City Employees’ Retirement System declaring that said sum be included in ‘ ‘ earnable compensation ” as a basis for determination of petitioner’s pension payment. Defendants cite subdivision b of section 93c-2.0 of the Administrative Code and Quayle v. City of New York (278 N. Y. 19) for their refusal or unwillingness to pay the sum admittedly earned for the periods when the checks were not protested, and section…