Gutheil v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, John J. Gutheil, from an order of the Supreme Court, made at the Kings County Special" Term and entered in the office of the clerk of the county of Kings on the 12th day of. May, 1906, granting the defendant’s motion for a new trial on the ground of newly-discovered evidence. Plaintiff was a member of the uniformed force of the department of street cleaning in the city of New York.
1Opinion of the Court
Jenks, J.:
I think that the order should be affirmed.
The appellant contends that the'new evidence could not change the result because the plaintiff, being entitled" to full; pay during the time he was removed pursuant to the provisión of section .537 of the Greater New York charter, was not subject to any deduction of his earnings while out. of his occupation. I think that the *21point is not well taken because the plaintiff was not. an incumbent of an office within the principle that his compensation was incident to it and attached to it by law irrespective of any service rendered to the city.…
2Cases cited6 opinions
- Fitzsimmons v. . City of BrooklynNew York Court of Appeals · 1886
- Emmitt v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1891
- Cook v. Mayor of New YorkThe Superior Court of the City of New York and Buffalo · 1894
- Downs v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1902
- Smith v. City of BrooklynAppellate Division of the Supreme Court of the State of New York · 1896
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3Cited by7 opinions
- Kelly v. Chicago Park DistrictIllinois Supreme Court · 1951
- Sutliffe v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1909
- Spurck v. Civil Service BoardSupreme Court of Minnesota · 1950
- Corfman v. McDevittSupreme Court of Colorado · 1943
- Prowler v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1926
2 more not listed; retrieve them via the Exa API.