Legal Opinion

Kirk v. City of New York

New York Supreme Court

Decided December 31, 1910Published

Action by Benjamin C. Kirk against the City of New York. Judgment for defendant.

1Opinion of the CourtStapleton, J.

This action was brought in equity to set aside a-waiver or release executed by the plaintiff on the ground that the said waiver or release was secured by duress, coercion, and intimidation on the part of the then borough president of Brooklyn, Bird S. Coler, and to recover as incidental to equitable relief the sum of $75 as salary for certain days between October 1 and December 31, 1908, on which days the plaintiff did not work.

*1062The plaintiff was an attendant at a salary of $900 per annum in the Bureau of Public Buildings and Offices in the borough of Brooklyn.

The appropriation for salaries.or…

2Cases cited7 opinions

  1. People Ex Rel. McLaughlin v. Board of Police CommissionersNew York Court of Appeals · 1903
  2. Emmitt v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1891
  3. Ryan v. . City of New YorkNew York Court of Appeals · 1904
  4. Lynk v. . WeaverNew York Court of Appeals · 1891
  5. Downs v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1902

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