Legal Opinion

Driscoll v. City of New York

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

Decided January 9, 1908PublishedCited by 3 opinions

Appeal from trial term. Action by John J. Driscoll against the city of New York. From a judgment (77 N. Y. Supp. 997) dismissing the complaint after trial without a jury, plaintiff appeals. Affirmed.

1Opinion of the CourtPatterson, J.

The plaintiff was employed in the department of street cleaning in the borough of Manhattan, in the city of New York. He sues to recover compensation which he alleges to be due him during certain periods of time when he did no work in consequence of his being “laid off” by order of the commissioner of street cleaning. Upon the trial the complaint was dismissed, and from the judgment entered thereon the plaintiff appeals.

The plaintiff had been employed in the street-cleaning department from May, 1896, until January 2, 1900, and was paid at the rate of $3 a day. On the date last named, his…

2Cases cited1 opinion

  1. Downs v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1902

3Cited by3 opinions

  1. Eckerson v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1903
  2. Kirk v. City of New YorkNew York Supreme Court · 1910
  3. Lander v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1905

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