Legal Opinion

Pisciotta v. City of New York

Appellate Division of the Supreme Court of the State of New York

Decided June 27, 1949Published

1Opinion of the Court

The receipt, without protest, of the salary paid is a complete bar to this action. (Administrative Code of the City of New York, § 93e-2.0; Quayle v. City of New York, 278 N. Y. 19; Gendel v. City of New York, 297 N. Y. 933.) In any event a new trial would be granted because, in our opinion, the finding of coercion, particularly with respect to the failure to sign the payroll receipts under protest, is against the weight of the evidence. Nolan, P. J., Carswell, Sneed, Wenzel and MaeCrate, JJ., concur.

2Cases cited2 opinions

  1. Quayle v. City of New YorkNew York Court of Appeals · 1938
  2. Gendel v. City of New YorkNew York Court of Appeals · 1948