Brunner v. City of New York

Plaintiffs at all times were entitled to payment by the city of the full salary attached to their respective positions. (Matter of Petrocelli v. McGoldrick, 288 N. Y. 25.) Their refusal to accept partial payment of the salary due them by regularly signing the payroll under protest, was in each instance a proper and timely demand. In Finn v. City of New York (282 N. Y. 153, 156) it was stated that the failure to sign a payroll under protest resulted in “a statutory accord and satisfaction” of all claims against the city for salary. When an employee signs under protest he is asserting a claim…